Last Updated December 16, 2016
(i) clicking to accept or agree to the Terms, where this option is made available to you by Company in the user interface for any Service; or,
(ii) by actually using the Services. In the case of (ii), you understand and agree that the Company treats your use of the Services as acceptance of the Terms from that point onward.
The Company reserves the right, at its discretion, to change, modify, add or remove any of the Terms, in whole or in part, at any time. Please check the App and the Terms periodically for changes. Your use of the Services after such modified Terms are posted will mean that you accept such Terms.
THE COMPANY IS ONLY A VENUE AND IS NOT A PARTY TO ANY AGREEMENT, SUCH AS THE BOAT CHARTER AGREEMENT, OR OTHER TRANSACTION BETWEEN USERS OF THE WEBSITE.
The Services comprise mobile applications and related services (each, an “Application”), which enable users to arrange and schedule boat transportation services and/or to purchase certain goods, including with third party providers of such services and goods under agreement with Company or certain of Company’s affiliates (“Third Party Providers”). In certain instances, the Services may also include an option to receive transportation for an upfront price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by Company in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN BOAT TRANSPORTATION, LOGISTICS AND/OR DELIVERY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH COMPANY AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.
Company is Only a Venue.
Company acts as a venue for users of the Website for the Services ("Riders") and boat captains ("Boat Captain") or any other persons who use the Company platform under license (Riders, Third Party Providers, and Boat Captains, each a "User" and together, "Users") to view and post available boats to facilitate boat transportation services. The Company is not a party to any actual agreement or transaction between Riders, Boat Captains, and/or Third Party Providers even though Company may from time to time provide tools that relate to booking, such as a tool to enable a Rider to enter into a transaction to obtain boat transportation services directly from a Boat Captain and payment services to facilitate the booking. As a result, Company has no control over the accuracy or correctness of the content or information provided or used by such Riders, Boat Captains, and/or Third Party Providers. Any part of an actual or potential transaction between a Rider, Boat Captain, and/or Third Party Provider, including the quality, safety or legality of the properties advertised, the truth or accuracy of boat availability and listings (including the content thereof or any review), the ability of Boat Captains to provide boat transportation services to a Rider or the ability of Riders to pay for boat transportation services are solely the responsibility of each User.
You acknowledge and agree to take all reasonable precautions in ensuring the accuracy and reliability of any User generated content. We are also not responsible for the condition of any boats listed on the App or the compliance with laws, rules or regulations that may be applicable to boat operation, maintenance, rental or charter in any jurisdiction. Riders, Boat Captains and/or Third Party Providers should satisfy themselves that any boat occupied complies with any legal requirements for such boat transportation and/or rental, and Riders, Boat Captains, and/ or Third Party Providers have exclusive responsibility for such compliance.
Users acknowledge and agree that you will be required to enter into a separate agreement and/or waiver, such as the Boat Charter Agreement, directly between the Rider, Boat Captain, and/or Third Party Provider, prior to receiving a boat transportation service and such agreement and/or waiver may place additional restrictions on your booking or service. Any separate agreements and/or waivers relating to the boat transportation services or related products or services are under the sole control of any Boat Captain or Third Party Provider and Rider. Release.
IN THE EVENT OF A DISPUTE BETWEEN A RIDER, BOAT CAPTAIN, AND/OR THIRD PARTY PROVIDER ARISING FROM SUCH SEPARATE AGREEMENTS OR TRANSACTIONS, YOU HEREBY RELEASE AND HOLD COMPANY AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM ANY CLAIMS, COSTS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Your Use of Services User Accounts.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account with Company ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Company certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Company. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services.
Please keep in mind that we will treat anyone who uses your user name and password as "you," and that you are responsible for all activity that occurs under your Account. You agree to maintain the security and secrecy of your Account username and password at all times. However, if you do give someone your username and password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your Account or your email account, even those transactions that are fraudulent or that you did not intend or want performed. You are responsible for notifying the Company immediately if you suspect that someone is using your username and/or password or otherwise obtaining access to the Services in this or any other inappropriate manner. Unless otherwise permitted by Company in writing, you may only possess one Account.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Conditions of Use.
As a condition of your use of our Services, you expressly represent and warrant that
(i) if you will be operating a boat as a Boat Captain or Third Party Provider, you are responsible for ensuring that you are legally authorized to operate a boat in the state in which you are providing boat transportation services;
(ii) Users possess the legal authority to create a binding legal obligation;
(iii) Users will use the App in accordance with the Terms;
(iv) Users will only use the App to post, request or view, as applicable, available boat transportation services for you or for another person for whom you are legally authorized to act with other Users;
(v) you will inform such other persons about the terms and conditions that apply to the boat transportation service you have made on their behalf, including all laws, regulations, rules and restrictions applicable thereto;
(vi) if User is booking boat transportation services on behalf of another person, you are individually responsible for ensuring that such other person is a party to the separate agreement for the boat transportation service;
(vii) all information supplied by User to Company is true, accurate, current and complete, and
(viii) User will safeguard his or her Account information. You may not authorize others to use your Account, and you may not assign or otherwise transfer your Account to any other person or entity.
Company retains the right, in its sole discretion, to deny access to the Services to anyone at any time and for any reason, including, but not limited to, for violation of the Terms. You agree that you will only use the Services for lawful purposes.
While Company is not a party to any separate agreement, such as the Boat Charter Agreement, between Rider, Boat Captain, and/or Third Party Provider, you acknowledge and agree that Company may act as the User's payment agent for the purposes of collecting payment for boat transportation bookings made through the Company and/or Website (“Charges”). This payment structure is intended to fully compensate a Boat Captain or Third Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. Charges and payments will be inclusive of applicable taxes where required by law.
The Company will respond accordingly to any request from a User to modify the Charges for a particular service or good.
ANY DIRECT OR INDIRECT EXCHANGE OF MONEY BETWEEN RIDERS, BOAT CAPTAINS, AND/OR THIRD PARTY PROVIDER FOR SERVICES, WITH THE EXCEPTION OF GRATUITY PAYMENTS, IS A VIOLATION OF THESE TERMS.
Establishing Payment Account.
All Charges and payments will be enabled by Company using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Company may use a secondary payment method in your Account, if available.
By providing your credit card information to us, you agree that we are authorized to charge your card with the total cost of the service and any required deposit. Charges paid by you are final and non- refundable, unless otherwise determined by Company. As between you and Company, Company reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Company's sole discretion.
Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Company will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
Company may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Boat Captain’s or Third Party Provider’s behalf.
User verification on the Internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of each User's purported identity. Notwithstanding the foregoing, you agree that you will provide us, the Boat Captain or Third Party Provider with whom you book boat transportation services whatever proof of identity the Company, Boat Captain or Third Party Provider may reasonably request.
Exclusion of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND AND THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
IN ADDITION, COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF BOAT CAPTAINS OR THIRD PARTY PROVIDERS.
YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. FURTHER, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
- THE INFORMATION PROVIDED BY BOAT CAPTAIN OR THIRD PARTY PROVIDER IS TRUE OR CORRECT,
- BOATS WILL BE AVAILABLE AT ADVERTISED DATES, TIMES, LOCATIONS, AND/OR PRICES, INCLUDING PURSUANT TO A CONFIRMED OR PURCHASED RESERVATION,
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR
- THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
Limitation of Liability.
IN NO EVENT WILL COMPANY ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU OR ANY PARTY FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE, DAMAGES ARISING OUT OF
(i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES;
(ii) AVAILABILITY OR UNAVAILABILITY OF THE SERVICES (INCLUDING BUT NOT LIMITED TO THE UNAVAILABILITY OR CHANGE IN THE ADVERTISED BOAT TRANSPORTATION)
(iii) OR ANY OTHER SERVICES OR GOODS OBTAINED THROUGH USE OF ANY OF THE FOREGOING, OR ANY DATA TRANSMITTED THROUGH THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(i) ANY CHANGES WHICH COMPANY MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(ii) YOUR FAILURE TO PROVIDE COMPANY WITH ACCURATE ACCOUNT INFORMATION; OR
(iii) YOUR FAILURE TO KEEP YOUR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
- ANY BODILY INJURY OR DEATH THAT MAY OCCUR AS THE RESULT OF A BOATING RELATED ACCIDENT, THE RESERVATION FOR WHICH WAS FACILITATED USING COMPANY'S SERVICES. YOU AGREE THAT COMPANY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY BOAT TRANSPORTATION SERVICE PROVIDED TO YOU BY A BOAT CAPTAIN, OR SUCH OTHER THIRD PARTY PROVIDER, OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS, AND THE COMPANY IS IN NO WAY RESPONSIBLE FOR INJURIES TO PERSONS OR DAMAGE TO PROPERTY WHICH MAY OCCUR DURING OR RELATED TO A BOAT TRANSPORTATION SERVICE WHETHER AS A RESULT OF THE NEGLIGENCE OF ANY RIDER, BOAT CAPTAIN, OR THE SAFETY OF ANY BOAT OR FOR ANY OTHER REASON.
Notwithstanding the Terms, if Company is held liable, Company’s entire aggregate liability under or arising out of these Terms or the Services shall be limited to the greater of (a) the service fees you paid to Company in connection with your use of the App (if any), or (b) One-Hundred Dollars (US$100.00). Some jurisdictions do not allow the exclusion or limitation of certain damages, so in these jurisdictions the above limitations or exclusions may not apply.
You agree to defend and indemnify Company, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of or in connection with: (i) your use of this Website and the services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) the Company’s use of your User content; or (iv) your violation of any law or the rights of a third party.
Repair or Cleaning Fees.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, boats and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that Company verifies a Repair or Cleaning request from a Boat Captain or Third Party Provider, then in Company's reasonable discretion, Company reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts will be transferred by Company to a Boat Captain or Third Party Provider, if applicable, and are non-refundable.
Proprietary Materials License.
Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Company and Company's licensors.
The content and information on Company’s Website, as well as the infrastructure used to provide such content and information, is proprietary to Company, its licensors, its suppliers and providers. The Services and Company’s Website contain proprietary materials such as logos, text, software, photos, video, graphics, music and sound. Company is the owner or licensee of all such proprietary material and all intellectual property rights therein, including without limitation, copyrights and trademarks. In using the Company’s Website and Services, you agree not to upload, download, distribute, or reproduce in any way any such proprietary materials without obtaining Company's prior consent, except you may make limited copies of your booking documents (and related documents) for boat transportation booked through this Website. Additionally, you agree not to:
- use this Website or its contents for any commercial purpose (other than as anticipated by these Terms) without our express written permission;
- send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
- send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of the Services or the data contained therein;
- attempt to gain unauthorized access to the Services or its related systems or networks;
- make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in Company's discretion, an unreasonable or disproportionately large load on Company's infrastructure;
- deep-link to any portion of this Website (including, without limitation, the purchase path for any boat rental reservation) for any purpose without our express written permission; or
- "frame", "mirror" or otherwise incorporate any part of this Website into any other Website without our prior written authorization.
Unsolicited Ideas and Feedback.
From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We do not solicit such ideas or suggestions and are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works ("submissions") in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply.
The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions. If you provide any submissions to us, you agree that:
(1) your submission and its contents will automatically become our property without any compensation to you;
(2) we may use or redistribute any such submission and its contents for any purpose and in any way;
(3) there is no obligation for us to review any submission; and (4) there is no obligation to keep any submission confidential.
No Spam, Spyware, or Spoofing.
We and our Users do not tolerate spam. You may not use the Site to send spam or otherwise send content that would violate the Terms. Links to Third-Party Websites The Services may contain links to other websites operated by parties other than Company ("Third-Party Websites"). Company's links to such other Third-Party Websites is for informational purposes only and does not imply any endorsement of the products, services or material on such Third-Party Websites or any association with their sponsors or operators. You access any Third-Party Websites at your own risk. We are not responsible in any way for such Third-Party Websites or resources. We will not have any liability as a result of your use of such Third-Party Websites and resources, and your use of such sites and resources will not be governed by these Terms.
Other Terms General Compliance with Laws.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
This Agreement, the Terms, the Services and any modifications thereto may not be assigned or in any way transferred by you without the prior written consent of Company. Any purported assignment in violation of this section shall be void. Company may assign this Agreement, the Terms, and any information you provide without your consent, including, without limitation, in connection with a sale of its business, assets, a merger or other similar transaction.
The terms of this Agreement shall be construed in accordance with the substantive laws of the State of South Carolina, United States of America, without giving effect to the principles of conflict or choice of law of such state. The original form of this Agreement has been written in English. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum or might require this Agreement to be written in any language other than English. This Agreement expressly excludes the United Nations Convention on Contracts for the International Sale of Goods.
Choice of Forum and Venue.
You hereby consent to the exclusive jurisdiction and venue of courts in Charleston County, South Carolina, in all disputes arising out of the Terms or relating to the use of the Service.
No Responsibility for Acts of God.
Company shall not be liable for any delay or failure to perform in connection with any booking, Service or in the performance of any obligation hereunder, if such delay or failure is due to or in any manner caused by acts of God, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, fires, floods, laws, regulations, acts, demands or and orders of any government or agency, seizure of the boat under legal process, adverse weather conditions, inability to obtain fuel, boat damage or loss, lack of essential parts or supplies, mechanical problems, illness or incapacitation of crew members, denial of operating or docking approvals, clearances or permits by governmental authority, or any other cause which is beyond the control of the Company.
Company is hereby released by User from any claim or demand for any direct or consequential damages arising out of failure to perform as a result of a force majeure event whether or not herein enumerated or other event referenced above.
If any provision of these Terms is found to be invalid, illegal or unenforceable by any court having competent jurisdiction, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and the remaining valid, legal, and enforceable provisions will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal, or unenforceable provision.
Company's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.
Company may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate User's use of all or any portion of the Services if you breach the Terms, or at any time or for any reason, at the sole discretion of Company.
Company does not recommend one Boat Captain or Third Party Provider over another and does not provide advice to users regarding which Boat Captain to select for the rentals. All comments or reviews posted by Users on our Website do not represent the views of Company in any way and are not endorsed by Company absent a specific written statement to the contrary.
You agree that no joint venture, partnership, agency or employment relationship exists between you and Company as a result of this Agreement or use of this Website.
Notice of Claim.
You agree that all disputes arising out of the Terms or the use of Company's Services shall be communicated to Company in writing within thirty (30) days from the date of the incident causally related to the dispute. You hereby waive your right to any claim against Company not communicated as provided by this Section. You may give notice to Company, with such notice deemed given when received by Company, at any time by email at firstname.lastname@example.org.
Any rights not expressly granted herein are reserved by Company.