1. Introduction
In short: MoorHub is a marketplace, not a marina. Searching, comparing and applying for a Mooring is free. If a Mooring Provider accepts your Application - including a Fixed Price Listing request or a won auction bid - the resulting Mooring Agreement, and any Mooring Fee, is directly between you and the Mooring Provider. MoorHub does not take payment from you, is not a party to that agreement, and is not responsible for the Mooring itself. You will always be asked to separately accept the Mooring Provider's own terms before your Application can complete.
1.1 PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE MOORHUB PLATFORM. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MOORHUB WHEN YOU USE THE PLATFORM AS A BOAT OWNER.
1.2 These Terms govern your access to and use of the Platform as a Boat Owner, including searching for, enquiring about, bidding on, applying for or otherwise seeking to secure a Mooring.
1.3 By accessing, browsing, registering for, or otherwise using the Platform as a Boat Owner, you agree to be bound by these Terms. If you do not agree with these Terms, you must stop using the Platform.
1.4 You should read these Terms together with our Privacy Policy and Cookie Policy, and with any Acceptable Use Policy, Auction Rules, Complaints Policy and other service-specific terms made available through the Platform, each of which forms part of these Terms by reference.
1.5 These Terms apply only to your use of the Platform as a Boat Owner. If you are a Mooring Provider (referred to in MoorHub's partner-facing documents as a “Partner”), your registration, your Partner Portal account, and all of your dealings with MoorHub are governed exclusively by MoorHub's Mooring Provider Partnership Agreement and Partner Terms and Conditions. These Terms do not create any contract, right or obligation between MoorHub and a Mooring Provider, whether or not a reference elsewhere on the Platform to a “User” might otherwise be read to describe one.
1.6 Certain clauses of these Terms necessarily describe Mooring Providers - for example, clauses 7 to 11, which explain what MoorHub does and does not verify about a Mooring Provider or a Listing - so that you, as a Boat Owner, understand the limits of MoorHub's role. Nothing in those clauses creates an obligation owed by a Mooring Provider to MoorHub under these Terms.
2. Definitions and Interpretation
2.1 In these Terms, unless the context requires otherwise:
“Acceptable Use Policy” means MoorHub's acceptable use policy (as published on the Platform and updated from time to time), setting out prohibited content and conduct on the Platform and MoorHub's enforcement process.
“Application” means any enquiry, expression of interest, bid submission, application form, reservation request, Fixed Price Listing request or other communication submitted by a Boat Owner relating to a Mooring.
“Auction Rules” means the rules governing the auction and Fixed Price Listing process on the Platform (as published on the Platform and updated from time to time).
“Boat Owner” means any individual or organisation using the Platform to search for, enquire about, bid on, apply for or secure a Mooring.
“Complaints Policy” means MoorHub's policy setting out how to raise, and how MoorHub handles, a complaint about the Platform, MoorHub, or another User.
“Content” means all text, images, photographs, videos, logos, descriptions, specifications, comments, reviews, data, graphics, software and other material appearing on the Platform.
“Cookie Policy” means MoorHub's policy explaining its use of cookies and similar tracking technologies.
“Data Protection Legislation” means the UK GDPR, the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003, and any successor or related legislation, each as amended, re-enacted or replaced from time to time.
“Listing” means any advertisement, profile, vacancy, auction, promoted listing, featured listing, mooring record or other content relating to a Mooring.
“Mooring” means any berth, waterspace, marina berth, canal mooring, river mooring, residential mooring, leisure mooring, tidal mooring, swinging mooring or similar facility advertised through the Platform.
“Mooring Agreement” means the agreement (however described) between a Boat Owner and a Mooring Provider for the mooring of a boat, entered into directly between them and to which MoorHub is not a party.
“Mooring Provider” means any marina operator, navigation authority, harbour authority, trust, company, landowner, farmer, public body, individual or organisation advertising or making available a Mooring through the Platform. MoorHub's own agreements with Mooring Providers refer to them as “Partners” - the two terms describe the same person. A Mooring Provider is described in these Terms where necessary for context, but is not bound by these Terms - see clause 1.5.
“Platform” means moorhub.co.uk, all associated sub-domains, applications, software, communications systems, databases, functionality, Content, auction tools, enquiry tools, Application systems and related services made available by MoorHub.
“Privacy Policy” means MoorHub's privacy policy explaining how it processes personal data.
“Terms” means these Website Terms of Use, as amended from time to time in accordance with clause 30.
“User” means a Boat Owner using the Platform. These Terms use “User” and “Boat Owner” interchangeably; “User” does not describe a Mooring Provider, whose relationship with MoorHub is governed exclusively under the Mooring Provider Partnership Agreement referred to in clause 1.5.
2.2 References to legislation include amendments, re-enactments and replacement legislation.
2.3 Headings are included for convenience and do not affect interpretation.
2.4 A reference to a person includes an individual, company or other body of persons (whether or not having separate legal personality).
3. Who We Are
3.1 MoorHub is a trading name of LABELLO ENTERPRISES LIMITED, a company incorporated in England and Wales under company number 14582462.
3.2 Our registered office is Department Leeds Dock, 4 The Boulevard, Leeds, LS10 1PZ.
3.3 References to “MoorHub”, “we”, “our” and “us” mean LABELLO ENTERPRISES LIMITED.
3.4 MoorHub operates a specialist online marketplace connecting boat owners seeking long-stay moorings with Mooring Providers advertising those moorings.
3.5 MoorHub's role is limited to supplying technology, search functionality, listing functionality, communications systems, application and bidding tools and related marketplace services.
4. Nature of the Platform
4.1 MoorHub is an online marketplace only.
4.2 MoorHub does not own, lease, manage, operate or control any Mooring advertised by a Mooring Provider.
4.3 MoorHub is not a marina operator, harbour authority, navigation authority, landlord, estate agent, letting agent, broker, auctioneer, financial intermediary or payment processor.
4.4 MoorHub is not responsible for negotiating any Mooring Agreement between Users.
4.5 MoorHub does not act as agent for any Boat Owner or Mooring Provider.
4.6 Nothing on the Platform or in these Terms creates any partnership, agency, joint venture, employment relationship or fiduciary relationship between MoorHub and any User.
4.7 Any Mooring Agreement exists solely between the relevant Boat Owner and Mooring Provider. MoorHub is not, and does not become, a party to a Mooring Agreement by reason of operating the Platform.
4.8 In short, and without affecting the fuller provisions of these Terms: searching for a Mooring, comparing Listings and submitting an Application, a Fixed Price Listing request or an auction bid are all free of charge to you. MoorHub does not take payment from you at any stage of that process.
4.9 If a Mooring Provider accepts your Application (including a Fixed Price Listing request or a winning auction bid), the resulting Mooring Agreement is made directly between you and that Mooring Provider, on that Mooring Provider's own terms. MoorHub is not a party to it, does not countersign it, and has no ability to vary, terminate or enforce it on your behalf.
4.10 Any figure shown against a Listing, Fixed Price Listing or auction (including a reserve, starting bid or “price”) is the Mooring Fee payable to the Mooring Provider under the Mooring Agreement, not a fee charged by MoorHub. See clause 16 for how MoorHub's own fees (where applicable) are dealt with separately from the Mooring Fee.
5. Eligibility and User Requirements
5.1 You must be at least eighteen years old to create an account, submit an Application, or participate in bidding or auction activity on the Platform. See our Privacy Policy for more information.
5.2 By using the Platform, you confirm that you have the legal capacity to enter into binding agreements.
5.3 If you use the Platform on behalf of a business or other organisation, you warrant that you have authority to bind that organisation.
5.4 You must ensure that information you supply to MoorHub is, and remains, accurate, complete and up to date.
6. User Accounts and Registration
6.1 Certain areas of the Platform require registration.
6.2 Registration under these Terms is available to Boat Owners. If you register as a Mooring Provider, your registration, your Partner Portal account, and your use of the Platform in that capacity are governed exclusively by the Mooring Provider Partnership Agreement referred to in clause 1.5, and these Terms do not apply to you in that capacity.
6.3 You must keep your login credentials secure and confidential, and must not permit another person to access your account.
6.4 You must tell us promptly if you become aware of any unauthorised use of your account.
6.5 We may refuse a registration application without providing reasons.
6.6 We may require identity verification or supplementary information at any time.
6.7 We may suspend or disable an account where we reasonably believe information provided is inaccurate, misleading or fraudulent, or where clause 27 (Suspension, Restriction and Termination) otherwise applies.
7. Mooring Provider Verification and Due Diligence
7.1 MoorHub may carry out checks on Mooring Providers for platform integrity purposes, which may include identity verification, business verification or other checks MoorHub considers appropriate.
7.2 Any such verification does not confirm that a Mooring Provider owns a Mooring, has authority to advertise it, or that the Mooring has any particular residential status, planning status, legal status, availability, pricing or suitability.
7.3 Verification processes have inherent limitations and are not a substitute for a Boat Owner's own enquiries.
7.4 You remain solely responsible for conducting your own appropriate due diligence before relying on a Listing or entering into a Mooring Agreement.
8. Mooring Listings and Platform Content
8.1 Listings are supplied by Mooring Providers.
8.2 MoorHub does not routinely inspect, audit or verify the information contained in a Listing.
8.3 MoorHub may edit, reformat, categorise, standardise or moderate Listing information for presentation purposes, without thereby taking on responsibility for its accuracy.
8.4 MoorHub may remove, hide, reject or suspend a Listing at any time.
8.5 Information in a Listing may change without notice.
8.6 You should independently verify dimensions, availability, pricing, utility connections, residential permissions, facilities, access arrangements, contract terms and suitability before relying on a Listing.
8.7 MoorHub is not liable for decisions made in reliance on Listing information, save as set out in clause 25 (Limitation of Liability).
8.8 Listing content itself - including photographs, descriptions and videos supplied by a Mooring Provider - is licensed to MoorHub under clause 16.2 of the Mooring Provider Partnership Agreement, not under these Terms.
9. Mooring Provider Obligations and Listing Standards
9.1 Under their own agreement with MoorHub, Mooring Providers warrant that they have the necessary rights and authority to advertise any Mooring they list, and must ensure that Listing information is accurate, lawful and not misleading, is kept up to date, and is not used to make misleading claims about availability, facilities, dimensions, pricing or residential status.
9.2 These standards are owed by Mooring Providers to MoorHub under MoorHub's separate agreement with them; they do not make MoorHub a guarantor of a Listing's accuracy to Boat Owners, and clauses 7, 8 and 24 (Disclaimer of Warranties) continue to apply.
9.3 MoorHub may request supporting information, documentation or evidence relating to any Listing from a Mooring Provider.
10. Residential Moorings and Planning Status
10.1 Any statement about residential, liveaboard or permanent occupancy status is supplied by the Mooring Provider, not verified by MoorHub.
10.2 MoorHub does not independently verify whether a Mooring benefits from residential planning consent, lawful residential occupation rights, council tax status, utility arrangements, or local authority or navigation authority permissions.
10.3 You should obtain independent professional advice before entering into any arrangement concerning residential occupancy of a Mooring.
10.4 MoorHub accepts no responsibility for loss arising from an inaccurate statement about residential status made by a Mooring Provider, save as set out in clause 25.
11. Navigation Authorities and Regulatory Compliance
11.1 A Mooring may be subject to requirements imposed by navigation authorities, harbour authorities, environmental regulators, local authorities and other bodies.
11.2 MoorHub does not verify compliance with any such requirement.
11.3 Mooring Providers remain responsible for obtaining and maintaining any permissions, licences, approvals and consents needed for a Mooring.
11.4 Boat Owners remain responsible for ensuring their own vessel complies with applicable legal and regulatory requirements, including any boat licence and boat safety certification required for the waterway concerned.
11.5 A Mooring Provider may require you to hold, and to provide evidence of, third-party liability insurance for your boat as a condition of granting or continuing a Mooring Agreement, and a boat licence issued by a navigation authority may impose a similar requirement independently. You should also check directly with the Mooring Provider what insurance or liability cover, if any, it holds in respect of its own Mooring Site, as part of entering into your Mooring Agreement. Arranging, maintaining and evidencing your own insurance, and satisfying yourself as to the Mooring Provider's insurance position, are matters entirely between you, your insurer, the relevant navigation authority (where applicable) and the Mooring Provider. MoorHub does not require, check, hold, verify or have any visibility of either your or a Mooring Provider's insurance arrangements, and accepts no responsibility for them or their enforcement.
12. Applications, Enquiries and Communications
12.1 The Platform may facilitate communications between Users, including enquiries, Applications, and messages relating to a Listing.
12.2 MoorHub does not guarantee delivery of any communication sent through the Platform.
12.3 Submitting an enquiry does not reserve a Mooring. Submitting an Application does not itself create any contractual right to a Mooring.
12.4 The relevant Mooring Provider has sole discretion to accept or reject an Application, subject to clauses 13 and 14 where the Application is made through Fixed Price Listing or auction functionality.
12.5 MoorHub is not responsible for a Mooring Provider's response times, the quality of communications, or the outcome of any Application.
12.6 MoorHub may retain communications made through the Platform for operational, security, compliance and evidential purposes, in accordance with the Privacy Policy.
12.7 Where a Mooring Provider reviews an Application, they will typically mark it as accepted or rejected on the Platform, and, if accepted, confirm the proposed start and end dates of the Mooring Agreement. MoorHub relays that status and those dates to you as a matter of convenience, but the Mooring Provider's acceptance, and the terms on which it is given, are matters between you and the Mooring Provider, not matters MoorHub verifies, guarantees or is responsible for.
13. Fixed Price Listings
13.1 A Listing may include a fixed-price option allowing a Boat Owner to apply for a Mooring vacancy at a fixed price. Unless the Listing states otherwise, applying for a Fixed Price Listing submits an Application (a reservation request) to the Mooring Provider; it does not, by itself, create a contract with MoorHub or with the Mooring Provider, and does not guarantee that you will be allocated the Mooring. The Mooring Provider may require additional checks, references, documentation or agreement to their own terms before granting the Mooring, and may decline your Application.
13.2 If the Mooring Provider accepts your Application through the Partner Portal, MoorHub's role in that Application ends at the point of acceptance. The resulting Mooring Agreement, and all payment and occupancy arrangements, are made directly between you and the Mooring Provider - see clause 15 (Transactions with Mooring Providers) and clause 16 (Payments, Fees and Cancellation Rights).
13.3 The detailed rules governing a Fixed Price Listing Application - including the dual-acceptance mechanic (separately confirming both these Terms and the relevant Mooring Provider's own published terms and conditions for that Mooring), the Mooring Provider's review and rejection rights, and Booking Windows - are set out in full in the standalone MoorHub Auction Rules, which forms part of these Terms by reference and part of the contractual framework you accept as a Boat Owner. You should read the Auction Rules alongside these Terms before submitting a Fixed Price Listing Application.
13.4 If your Fixed Price Listing Application is accepted, MoorHub will share with the Mooring Provider the contact and boat details you have provided so that the Mooring Provider can proceed with the Mooring Agreement. See the Privacy Policy for how this information is used.
14. Auction Listings
14.1 MoorHub may provide auction functionality allowing a Mooring Provider to make a Mooring vacancy available by auction. MoorHub acts solely as the provider of the auction technology, is not an auctioneer, and does not become a party to any Mooring Agreement resulting from an auction.
14.2 Submitting a bid does not guarantee that you will win the auction, and winning an auction does not guarantee that you will be allocated the Mooring. Where you are the highest bidder when an auction closes, the relevant Mooring Provider may still decline to proceed with you if you do not meet its eligibility requirements or other reasonable acceptance criteria communicated to you before or at the close of the auction; where reasonably practicable, the Mooring Provider will tell you why.
14.3 The detailed rules governing the auction and bidding process - including proxy (maximum) bidding, bid increments, the dual-acceptance mechanic, the Mooring Provider's rejection rights, Booking Windows, and the remedies available where a technical fault (including connectivity failures, software defects or timing errors) affects an auction - are set out in full in the standalone MoorHub Auction Rules, which forms part of these Terms by reference and part of the contractual framework you accept as a Boat Owner. Bidding integrity (including shill bidding, bid manipulation and collusion between a Mooring Provider and a bidder) is covered by clause 11 of the Acceptable Use Policy. You should read the Auction Rules and the Acceptable Use Policy alongside these Terms before bidding in an auction.
14.4 The relevant Mooring Provider can access information about participation in its auction, including bidder identifiers, current bid amounts, bid timestamps and outcomes. Its partner auction-data interface does not disclose your maximum bid or the stored bid-history field. If you win, you must submit your Application within the applicable Booking Window. When you submit it, your submitted contact and boat details are shared with the Mooring Provider so that it can assess your Application and, if accepted, proceed with the Mooring Agreement. Further details are set out in our Privacy Policy.
14.5 MoorHub reserves the right to suspend, amend or cancel auction functionality at any time.
15. Transactions with Mooring Providers
15.1 All transactions in respect of a Mooring take place directly between the relevant Boat Owner and Mooring Provider.
15.2 MoorHub is not involved in negotiating fees, licence terms, contract duration, occupancy rights or ancillary services under a Mooring Agreement.
15.3 MoorHub is not responsible for enforcing any Mooring Agreement or other arrangement between a Boat Owner and a Mooring Provider.
15.4 Any dispute concerning a Mooring or a Mooring Agreement must be resolved directly between the relevant Boat Owner and Mooring Provider, without prejudice to clause 28 (Complaints).
16. Payments, Fees and Cancellation Rights
16.1 MoorHub does not currently charge Boat Owners any fee, subscription or commission to register for, browse, search, enquire through, bid on, submit a Fixed Price Listing request for, or otherwise apply for a Mooring via the Platform.
16.2 MoorHub does not collect payments or deposits relating to a Mooring on behalf of any User, does not hold client money, and is not a payment service provider.
16.3 Any Mooring Fees, deposits, or other charges relating to a Mooring are payable directly by the Boat Owner to the Mooring Provider under the Mooring Agreement between them. Any figure shown against a Listing, Fixed Price Listing or auction (including a reserve, starting bid, “price” or headline figure) is that Mooring Fee, and is not a fee, charge or price payable to MoorHub.
16.4 Because MoorHub does not charge Boat Owners a fee for registering for or using the Platform, your registration and use of the Platform as a Boat Owner is not a contract for the sale of goods, the supply of digital content, or the supply of services for payment. Accordingly, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to your relationship with MoorHub under these Terms.
16.5 If you go on to enter into a Mooring Agreement with a Mooring Provider - whether following an Application, a Fixed Price Listing request, or a successful auction bid - any right to cancel or any cooling-off period applicable to that Mooring Agreement is a matter between you and the Mooring Provider. Any such right arises (if at all) under the Mooring Agreement itself and/or applicable consumer protection legislation, and is not conferred by these Terms.
16.6 We recommend that you check the cancellation terms of any Mooring Agreement offered to you before making any payment to a Mooring Provider.
16.7 If MoorHub introduces a fee, charge or paid feature for Boat Owners in future, we will provide separate terms covering that feature - including details of any applicable cancellation rights - before you are charged.
16.8 You acknowledge that MoorHub is not responsible for payment disputes, non-payment, fraud, refunds or chargebacks arising between Users in connection with a Mooring.
17. User Content and Platform Contributions
17.1 You may upload images, logos, comments, videos, specifications, descriptions and other content to the Platform.
17.2 You remain responsible for content you upload and warrant that you have all rights necessary to upload it.
17.3 You grant MoorHub a worldwide, royalty-free, perpetual, transferable licence to host, reproduce, publish, distribute, display, adapt and use such content in connection with operating, improving and promoting the Platform.
17.4 MoorHub may remove content without notice where it considers removal appropriate.
17.5 This clause 17 covers content you upload as a Boat Owner - for example, in an enquiry, an Application, or your account profile. It does not cover Listing content, which is addressed in clause 8.8.
18. Acceptable Use and Content Standards
18.1 You must use the Platform lawfully and responsibly.
18.2 You must not upload or transmit content that is false, misleading, deceptive, unlawful, defamatory, infringing, obscene, discriminatory or otherwise objectionable.
18.3 You must not impersonate another individual or organisation, misuse the Platform's communications systems, submit a fraudulent Application, or interfere with the operation of the Platform.
18.4 You must not use Content, contact details or other information obtained through the Platform to contact a Mooring Provider or Boat Owner with a view to concluding a Mooring Agreement, or any other arrangement, outside the Platform in order to avoid a fee that would otherwise be payable to MoorHub, whether now or in the future.
18.5 MoorHub may investigate suspected misuse of the Platform and may cooperate with law enforcement authorities.
18.6 Further detail on prohibited content and conduct, and on how MoorHub investigates and enforces breaches, is set out in the Acceptable Use Policy, which applies to your use of the Platform and forms part of these Terms by reference. In the event of any conflict between this clause 18 and the Acceptable Use Policy, the Acceptable Use Policy shall prevail.
19. Intellectual Property, Database Rights and Automated Access
19.1 All intellectual property rights in the Platform belong to MoorHub or its licensors, including copyright, trade mark rights, database rights, design rights, software rights and proprietary know-how.
19.2 Subject to these Terms, Users are granted a limited, revocable, non-exclusive licence to access the Platform for lawful personal or business use consistent with these Terms.
19.3 You must not copy, reproduce, republish, extract, distribute or commercially exploit Platform Content without MoorHub's written permission.
19.4 You must not use spiders, bots, crawlers, scrapers, artificial intelligence systems, machine learning tools or other automated technology to access, analyse or extract data from the Platform, and must not create a competing database, product or service using information obtained through the Platform, whether by automated means or otherwise.
19.5 You must not use Content obtained through the Platform to build, train, or improve any competing service, data product, marketplace, or artificial intelligence or machine learning model.
19.6 MoorHub may monitor access patterns and implement technical measures to prevent scraping, automated data extraction and other unauthorised use of the Platform.
19.7 Unauthorised use of Platform Content may result in suspension of access, legal proceedings and a claim for damages.
19.8 Nothing in these Terms transfers ownership of any MoorHub intellectual property to a User.
20. Advertising
20.1 MoorHub may display advertising, sponsored content, promoted listings, featured placements, partner content and other commercial communications anywhere on the Platform, which may be targeted based on location, search activity, account information, browsing behaviour or other factors.
20.2 MoorHub may offer Mooring Providers enhanced visibility products, including featured listings, sponsored placements and priority positioning.
20.3 Advertising, sponsorship or promotional content does not constitute an endorsement, recommendation, approval or verification by MoorHub, and a commercial arrangement may affect a Listing's prominence, positioning or presentation in search results.
20.4 MoorHub may refuse, remove, suspend or amend advertising content at its discretion.
21. Third-Party Links, Services and Content
21.1 The Platform may contain links to third-party websites, applications, mapping services, navigation tools, marina websites, authority websites, financial services, insurance services and other external resources, provided for convenience only.
21.2 MoorHub has no control over, and accepts no responsibility for, the availability, content, security, privacy practices, accuracy, products or services of any third-party website.
21.3 Accessing a third-party website is at your own risk. A link does not imply endorsement, recommendation or approval by MoorHub.
22. Platform Availability, Technology and Service Changes
22.1 The Platform is provided on an “as available” basis. Although MoorHub aims to maintain a reliable service, it does not guarantee that the Platform will be uninterrupted, secure, error-free or continuously available.
22.2 Access may be affected by planned or emergency maintenance, upgrades, software defects, hardware failures, cyberattacks, telecommunications or internet outages, third-party service failures, or other circumstances beyond MoorHub's reasonable control.
22.3 MoorHub may change, suspend, discontinue or withdraw any feature, service, advertising product, auction mechanism or other functionality at any time without liability, and is under no obligation to continue supporting any particular feature.
22.4 You are responsible for ensuring your own devices, systems and internet connection are suitable for accessing the Platform.
23. Fraud, Scams and User Safety
23.1 Interactions conducted through an online marketplace involve inherent risk. Although MoorHub may carry out limited identity or business checks, it cannot guarantee that any Mooring Provider or other Boat Owner is genuine, honest, solvent, authorised or legally compliant.
23.2 You should exercise caution before entering into any arrangement, disclosing personal information, making a payment, or relying on information provided by another Boat Owner or a Mooring Provider.
23.3 You should independently verify the identity of a Mooring Provider, inspect a Mooring where appropriate, verify ownership and authority, review contractual documentation, and obtain professional advice where necessary.
23.4 MoorHub accepts no responsibility for fraud, misrepresentation, deception, identity theft, forgery or other criminal conduct carried out by a Mooring Provider or another Boat Owner, save as set out in clause 25.
24. Disclaimer of Warranties
24.1 The Platform, all Listings, all Content and all related services are provided on an “as is” and “as available” basis.
24.2 To the fullest extent permitted by law, MoorHub excludes all representations, warranties, guarantees, undertakings and conditions, whether express, implied, statutory or otherwise.
24.3 MoorHub does not warrant that a Listing is accurate, complete, current, available, lawful, suitable, or fit for any particular purpose, nor that a Mooring exists, remains available, is legally occupiable, can lawfully be used residentially, is suitable for any vessel, or can be secured on terms acceptable to a User.
24.4 MoorHub does not warrant that the Platform will be free from viruses, malicious code, security vulnerabilities or other harmful components.
24.5 Any reliance you place on information obtained through the Platform is at your own risk.
25. Limitation of Liability
25.1 Nothing in these Terms excludes or limits MoorHub's liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any other matter which it would be unlawful to exclude or limit under the laws of England and Wales, including, to the extent applicable, certain rights arising under the Consumer Rights Act 2015.
25.2 Subject to clause 25.1, MoorHub, its directors, officers, employees, contractors and affiliates shall not be liable for indirect, incidental, special, exemplary, punitive or consequential loss, nor for loss of profits, revenue, business, contracts, anticipated savings, opportunity, goodwill or data.
25.3 Subject to clause 25.1, MoorHub shall not be liable for an inaccurate or withdrawn Listing, an unavailable Mooring, a rejected Application, an unsuccessful or rejected bid, a failed transaction, a residential planning or licensing issue, a navigation authority or other regulatory issue, a dispute between Users, or any act, omission, statement or breach of any User (including a Mooring Provider).
25.4 Subject to clause 25.1, MoorHub's total aggregate liability to a Boat Owner arising out of or in connection with the Platform and these Terms - whether in contract, tort (including negligence), breach of statutory duty, or otherwise - shall not exceed the greater of (a) £100, and (b) the total amount, if any, paid directly by that Boat Owner to MoorHub in the twelve (12) months before the event giving rise to the claim.
25.5 This clause 25 reflects that MoorHub currently provides the Platform to Boat Owners free of charge, and that MoorHub does not control, and cannot verify, the conduct of a Mooring Provider or the condition, availability or suitability of any Mooring.
26. Indemnity
26.1 You agree to indemnify, defend and hold harmless MoorHub, its directors, officers, employees, agents, contractors and affiliates from and against any claim, proceeding, loss, damage, liability, penalty, fine, cost or expense (including reasonable legal fees) arising out of or connected with: (a) your breach of these Terms; (b) content you upload to the Platform; (c) a Listing you publish; (d) your misuse of the Platform; (e) your infringement of a third party's rights; (f) a dispute between you and another Boat Owner or a Mooring Provider; or (g) your unlawful or negligent conduct.
27. Suspension, Restriction and Termination
27.1 MoorHub may suspend, restrict or terminate your access to the Platform at any time where it reasonably believes that you have breached these Terms (including the Acceptable Use Policy), provided inaccurate information, engaged in fraudulent activity, created legal risk, caused reputational damage, or otherwise acted in a manner inconsistent with the proper operation of the Platform. Where reasonably practicable, MoorHub will give you notice before taking such action, consistent with the notice commitment at clause 16.2 of the Acceptable Use Policy.
27.2 MoorHub may remove a Listing, disable an account, restrict functionality, withhold communications, or refuse future registration.
27.3 You may close your own account at any time by contacting us using the details in clause 33 (Contact Information). Closing your account does not affect any right, liability or obligation that arose before closure.
27.4 Suspension or termination does not affect accrued rights, liabilities or obligations of either party.
28. Complaints
28.1 If you have a complaint about the Platform or about MoorHub, please contact us using the details in clause 33 (Contact Information).
28.2 Further detail on how we handle complaints, our expected response times, and how to escalate an unresolved complaint is set out in our Complaints Policy.
28.3 If your complaint concerns a Mooring Provider, a Mooring, or a Mooring Agreement - for example, the condition of a Mooring, a dispute over fees, or a Mooring Provider's conduct - please raise this with the Mooring Provider in the first instance. MoorHub is not a party to the Mooring Agreement and cannot resolve a dispute arising under it, but may, at its discretion, assist by putting you in touch with the Mooring Provider or recording your complaint against their account for monitoring purposes.
28.4 The availability of our complaints process does not prevent you from pursuing any other legal remedy available to you at any time.
29. Privacy, Data Protection and Cookies
29.1 MoorHub processes personal data in accordance with the Data Protection Legislation and our Privacy Policy.
29.2 Our use of cookies and similar technologies is set out in our Cookie Policy.
29.3 By using the Platform, you acknowledge that your personal information may be processed in accordance with those policies, including, where relevant to an Application or a won auction, the sharing of your contact details with a Mooring Provider as described in clause 14.4.
30. Changes to These Terms
30.1 We may update these Terms from time to time to reflect changes to the Platform or our services, legal or regulatory requirements, or other legitimate business reasons.
30.2 The version of these Terms published on the Platform at the time of your use is the version that applies to you.
30.3 Where we make a material change, we will take reasonable steps to notify Users, for example by a notice on the Platform or by email to registered Users.
30.4 Your continued use of the Platform after a change takes effect constitutes acceptance of the updated Terms. If you do not agree with a change, you should stop using the Platform.
31. General Legal Provisions
31.1 Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, Acceptable Use Policy, Auction Rules and Complaints Policy, constitute the entire agreement between MoorHub and a User regarding use of the Platform, and supersede all previous agreements, promises, assurances and understandings between them relating to that subject matter.
31.2 Severability. If any provision of these Terms is found invalid, unlawful or unenforceable, the remaining provisions remain in full force and effect.
31.3 Waiver. No delay or failure by MoorHub to exercise a right under these Terms shall constitute a waiver of that right.
31.4 No partnership or agency. Nothing in these Terms creates a partnership, joint venture, fiduciary relationship, employment relationship or agency relationship between MoorHub and any User.
31.5 Assignment. You may not assign or transfer your rights under these Terms without MoorHub's prior written consent. MoorHub may assign, transfer or subcontract its rights and obligations under these Terms, and will give you reasonable notice if this affects your use of the Platform.
31.6 Force majeure. MoorHub shall not be in breach of these Terms, nor liable for any delay or failure in performing its obligations, to the extent that the delay or failure results from an event, circumstance or cause beyond its reasonable control.
31.7 Notices. A notice to MoorHub under these Terms must be given in writing to the details in clause 33. A notice to a User may be given by email to the address held on their account, or by a notice published on the Platform, and is deemed received 24 hours after sending by email or, in the case of a Platform notice, when published.
31.8 Third party rights. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms, except that MoorHub's directors, officers, employees, contractors and affiliates may enforce clause 25 (Limitation of Liability) and clause 26 (Indemnity) in their own right. This does not affect any right or remedy of a third party that exists, or is available, apart from that Act.
32. Governing Law and Jurisdiction
32.1 These Terms, and any dispute or claim (including a non-contractual dispute or claim) arising out of or in connection with them or their subject matter, are governed by and construed in accordance with the laws of England and Wales.
32.2 The courts of England and Wales have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms, the Platform, or any related matter, save that this does not prevent a consumer who lives in Scotland or Northern Ireland from bringing proceedings in their own local courts.
33. Contact Information
MoorHub - a trading name of LABELLO ENTERPRISES LIMITED
Company number: 14582462
Registered office: Department Leeds Dock, 4 The Boulevard, Leeds, LS10 1PZ
Email: info@moorhub.co.uk