Terms and Conditions
Last Updated: November 10th, 2016
1. Contractual Relationship
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In these Terms, the words "including" and "include" mean "including, but not limited to."
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and BOATIFY. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. BOATIFY may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in region-specific disclosures (e.g., a particular city webpage on BOATIFY.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
BOATIFY may amend the Terms related to the Services from time to time. Amendments will be effective upon BOATIFY's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. The Services
The Services constitute a technology platform that enables users of BOATIFY's mobile applications or websites provided as part of the Services (each, an "Application") to arrange and schedule transportation, events, ship rentals and/or logistics services with third party providers of such services, including independent third party transportation providers and third party logistics providers under agreement with BOATIFY or certain of BOATIFY's affiliates ("Third Party Providers"). Unless otherwise agreed by BOATIFY in a separate written agreement with you, the Services are made available solely for your personal, commercial but Non-Professional Use. YOU ACKNOWLEDGE THAT BOATIFY DOES NOT PROVIDE TRANSPORTATION OR ANY OTHER LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER.
Provide Services in Switzerland
YOU ACKNOWLEDGE THAT YOU ARE NOT ALLOWED TO OFFER TRANSPORTATION SERVICES MORE THAN TWO TIMES WITHIN 15 DAYS BETWEEN THE SAME LOCATIONS WITHOUT A PERMISSION ACCORDING TO ARTICLE 2(1)(b) OF THE SWISS FEDERAL PUBLIC TRANSPORT ACT ("Non-Professional Use").
Subject to your compliance with these Terms, BOATIFY grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable membership to: (i) the BOATIFY community (ii) access and use the Applications on your personal device solely in connection with your use of the Services; and (iii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, Non-Professional Use. Therefore you accept to the statutes of Boatify Verein Schweiz: www.boatify.me/legal/statutes. Any rights not expressly granted herein are reserved by BOATIFY and BOATIFY's licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by BOATIFY; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services.
You acknowledge that the Services may be made available under other brands or request options by or in connection with: (i) certain of BOATIFY's subsidiaries and affiliates; or (ii) independent Third Party Providers, including Ship Charter Company skipper, Ship Charter Permit etc.
Third Party Services and Content.
The Services and all rights therein are and shall remain BOATIFY's property or the property of BOATIFY's partners. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited membership granted above; or (ii) to use or reference in any manner BOATIFY's company names, logos, product and service names, trademarks or services marks or those of BOATIFY's partners.
3. Your Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("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 BOATIFY certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). 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 and use the Services or BOATIFY's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by BOATIFY in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that the Services may send you informational text (SMS) messages or push notifications as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages or push notifications from BOATIFY at any time by turn them off in your profile operation system. You acknowledge that opting out of receiving text (SMS) messages or push notifications may impact your use of the Services.
BOATIFY may, in BOATIFY's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that BOATIFY establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by BOATIFY; (iii) may be disabled by BOATIFY at any time for any reason without liability to BOATIFY; (iv) may only be used pursuant to the specific terms that BOATIFY establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. BOATIFY reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that BOATIFY determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content.
BOATIFY may, in BOATIFY's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to BOATIFY through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to BOATIFY, you grant BOATIFY a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and BOATIFY's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant BOATIFY the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor BOATIFY's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by BOATIFY in its sole discretion, whether or not such material may be protected by law. BOATIFY may, but shall not be obligated to, review, monitor, or remove User Content, at BOATIFY's sole discretion and at any time and for any reason, without notice to you.
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 a wireless-enabled 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. BOATIFY 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.
You understand that use of the Services may result in charges to you for the services you receive from a Third Party Provider ("Charges"). The payment process will take place by credit card. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by BOATIFY.
All Charges are due immediately and payment will be facilitated by BOATIFY using the preferred payment method designated in your Account, after which BOATIFY will send you 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 BOATIFY may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and BOATIFY, BOATIFY reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in BOATIFY's sole discretion. BOATIFY 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 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 from a Third Party Provider at any time prior to such Third Party Provider's arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Provider for the services provided. Except with respect to ship charter services requested through the Application, BOATIFY does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by BOATIFY (on BOATIFY's website, in the Application, or in BOATIFY's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services provided is not intended to suggest that BOATIFY provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
Repair or Cleaning Fees.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider ships 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 a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by BOATIFY in BOATIFY's reasonable discretion, BOATIFY reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by BOATIFY to the applicable Third Party Provider and are non-refundable.
5. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." BOATIFY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, BOATIFY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BOATIFY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF 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.
LIMITATION OF LIABILITY.
BOATIFY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF BOATIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOATIFY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF BOATIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOATIFY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BOATIFY'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION, SHIP CHARTER AND SHIP RENTALS PROVIDERS PROVIDING TRANSPORTATION OR RENTALS SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL BOATIFY'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED SWISS FRANCS (CHF 500.00).
BOATIFY'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, EVENTS, RENTALS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT BOATIFY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, EVENTS, RENTALS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold BOATIFY and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) BOATIFY's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
6. Dispute Resolution
Unless otherwise stipulated in these terms, these terms and conditions, excluding the conflict of laws provisions, shall be subject exclusively to the laws of Switzerland and shall be construed in accordance with these laws. The Vienna Convention on the International Sale of Goods from 1980 (English abbreviation: CISG) does not apply. Any disputes, conflicts, demands and controversies arising out of or in connection with, or in connection with, the terms of the Services or these Terms, including, but not limited to, questions of validity, interpretation and enforceability ("disputes") Of the International Chamber of Commerce ("ICC Conciliation Regulation") in a conciliation procedure. If the dispute referred to above has not been settled within 60 days of the filing of a request for a conciliation procedure pursuant to the aforementioned ICC Conciliation Rules, the dispute shall be exclusive and final in an arbitration proceeding under the arbitration rules of the International Chamber of Commerce ("ICC Arbitration") attached. The provisions of the ICC Arbitration Rules for Emergency Arbitrators are excluded. The dispute shall be settled by one (1) arbitrator appointed according to the ICC Arbitration Ordinance. Place of both arbitration and arbitration is Zug, without prejudice to all rights which you are entitled to pursuant of the Swiss Code of Civil Procedure. The negotiating language of the conciliation and arbitration proceedings is English, unless you speak no English; In which case the conciliation and arbitration proceedings will be conducted both in English and in your mother tongue. The existence and content of the conciliation and arbitration proceedings, including the documents and writings submitted by the parties, the correspondence with the International Chamber of Commerce, the correspondence of the conciliator and the correspondence, the orders and arbitration awards of the individual judge are strictly confidential (I) where disclosure is requested against a third party appropriately in the course of the conciliation or arbitration proceedings; And (ii) the third party undertakes in writing to hold unconditionally to the confidentiality stipulated herein.
7. Other Provisions
Choice of Law.
These Terms are governed by and construed in accordance with the laws of Switzerland without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to BOATIFY's designated agent under firstname.lastname@example.org.
BOATIFY may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to BOATIFY, with such notice deemed given when received by BOATIFY, at any time by first class mail or pre-paid post to BOATIFY AG, Engelmattstrasse 7, 6318 Walchwil ZG, Switzerland.
You may not assign these Terms without BOATIFY's prior written approval. BOATIFY may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of BOATIFY's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, BOATIFY or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. BOATIFY'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 BOATIFY in writing.