1 GENERAL
1.1 GETBOAT GLOBAL INC., a company, registered in the United States of America at the address: 251 Little Falls Drive, Wilmington, New Castle County, State of Delaware, 19808, USA (hereinafter referred to as the "Company") hereby offers to use the Service available at https://getboat.com (hereinafter referred to as the “Site”) and further described in Section 2 hereof (hereinafter referred to as the “Service”) to an Internet user (hereinafter referred to as the “User”) under the terms and conditions described herein. This Agreement shall come into force and become legally binding for the Company and the User (hereinafter referred to as the “Parties”) at the moment when the User starts using the Service for the first time.
1.2 When starting to use the Service, the User shall be deemed to have accepted the terms and provisions of this Service Agreement (hereinafter referred to as the “Agreement”) without any reservations, exceptions or limitations not contained herein. In case of the User’s disagreement with any provision of this Agreement, the User should not use the Service.
1.3 The Company reserves the right to change, amend or modify this Agreement at any time and in its sole discretion and with no special prior notice. A new version of this Agreement shall come into effect when posted on the Site. By continuing to use the Service, the User confirms his/her acceptance of the revised Agreement and all of the terms incorporated therein by reference. The Company encourages the Users to review the Agreement frequently to ensure that the User understands the terms and conditions that apply when he uses the Service. If the User does not agree to the revised Agreement, the User must stop using the Service.
1.4 The present version of the Agreement shall enter into force on May 07, 2024 and shall be effective until the next edition is adopted.
1.5 Any time frames specified in this Agreement shall be determined by the UTC - 5 time zone, unless otherwise expressly indicated herein. The beginning and the end of any calendar dates specified in this Agreement, including the commencement and completion of any term, shall be determined by the beginning and the end of the respective 24-hour period in the UTC - 5 time zone.
2 DESCRIPTION OF SERVICE
2.1 The Service allows the User to rent a watercraft owned by a legal entity or an individual chosen from the list of partner organizations (hereinafter referred to as the “Yacht Owners”), which have entered into respective agreements with the Company.
2.2 The User acknowledges and agrees that:
(A) The User’s ability to order the services with use of the Service does not establish the Company as a provider of the transportation services or as a transportation carrier. When the User finds an appropriate Yacht Owner and accepts its terms, including the specific rent of a watercraft (hereinafter referred to as the “Charter”) and the price payable for the rent of the watercraft and related services (hereinafter referred to as the “Charter Price”), he/she shall be deemed to have entered into Agreement for Watercraft Rent with or without a Crew and Related Services with the Yacht Owner (hereinafter referred to as the “Charter Agreement”) but not with the Company.
(B) The option to independently order and/or get services with use of the Service shall be provided to Users, who have reached the age of 18. Persons, who have not reached this age are not allowed to use the Service, but may participate in the Charter accompanied by adults (who have reached the age of 18).
In case the User places an order to rent the watercraft without a crew, the Company reserves the right to request the User to provide documents proving his right to navigate a watercraft of the type and class stated in his/her order.
(C) Due to the nature of the Service provided under this Agreement, the liability of the Company is limited to an obligation to accurately transmit the information from the Yacht Owner to the User as well as to transfer prepayment or full payment for the specific Charter received from the User to the Yacht Owner. The Company shall not be liable for the credibility of the information passed as well as for the due and in good faith performance by the Yacht Owner of his obligations under any agreements between the Yacht Owner and the User. The Company shall bear no responsibility for any losses including the loss of gains and physical losses and damages caused by the Service, or in any way determined by the use of the Service.
(D) The Service, the software used to provide the Service and other content of the Site through which the Service is available (including but not limited to the “Sea Epic Transportation Engine”, GetBoat logo and other logos and registered trademarks) are protected by the Company’s or third parties’ intellectual property rights. The User is hereby granted a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the respective intellectual property solely in connection with his/her use of the Service; and (ii) access and use any content, information and related materials that may be made available through the Service, in each case solely for the User’s personal, non-commercial use. Any rights not expressly granted herein are reserved by the Company.
(E) There may exist certain technical limitations and restrictions on the Service, which can lead to the inaccessibility of the Service or delays in the transmission of communication at a particular time due to some reasons beyond the Company’s control.
(F) The User enters into this Agreement at his/her sole risk and understanding that the Service and any information provided to the User are provided “as is” and “as available”.
(G) The relations between the User and the Company during the use of the Service fall exclusively within the Agreement contained herein. Nothing shall be presumed to indicate that the Company and the User have entered into or have agreed to enter into any other contract or have any rights and obligations before each other within any other agreement.
3 PAYMENT OF THE CHARTER PRICE
3.1 After finding a watercraft and a Yacht Owner with use of the Service and execution of the Charter Agreement with this particular Yacht Owner according to the terms of this Agreement, the User shall make a payment for the Charter as follows:
3.1.1 Payment via the Site with a bank card:
(a) in case of the payment is made by the User less than 7 (seven) business days prior the agreed date of the Charter start the Charter Price shall be paid in full;
(b) in case of the payment is made by the User more than 7 (seven) days prior the agreed date of the Charter start the User shall make an advance payment in the amount determined by the Yacht Owner at booking of the Charter but not less than 30% of the Charter Price; the remaining amount of the Charter Price shall be automatically deducted from the User’s bank card; in case of insufficient funds on the User’s bank card the Charter will be canceled without refund to the User of the advance payment.
3.1.2 Payment by wire transfer to the Company’s bank account:
(a) in case of the payment is made by the User less than 7 (seven) business days prior the agreed date of the Charter start the amount of the Charter Price shall be transferred to the Company’s bank account;
(b) in case of the payment is made by the User more than 7 (seven) days prior the agreed date of the Charter start the User shall transfer an advance payment in the amount determined by the Yacht Owner at booking of the Charter but not less than 30% of the Charter Price; the remaining amount of the Charter Price shall be transferred to the Company’s bank account within 7 (seven) business days before the date of the Charter start.
3.1.3 In the exclusive situations the User may pay the full amount of the Charter Price, including an advance payment, if applicable, directly to the Yacht Owner in cash.
3.2 The Company does not collect, process and/or store the payment details of the Users.
3.3 The User agrees that the Company has the right to add to the Charter Price any processing fees and charges of the payment systems, which are due under the relevant agreements between the Company and its banks and/or payment systems. The User also agrees that the Charter Price with any charges may be debited from the User’s bank/card account in other currency than one previously selected, if the payment in a specific currency and/or the mandatory currency conversion are stipulated by the bank and/or payment system effecting the payment.
3.4 Unless this Agreement provides otherwise:
(A) All payments made by the User under this Agreement shall be made gross, free of right of counterclaim or set off and without deduction or withholding of any kind other than any deductions or withholding required by law; if a User makes a deduction or withholding required by law from any payment, the sum due shall be increased to the extent necessary to ensure that, after the making of any such deduction or withholding, the Company receives a sum equal to the sum it would have received had no deduction or withholding been made;
(B) All payments made by the Company (whether as a refund to the User or on another basis) shall be deemed to be inclusive of all taxes that may be payable by the User in connection with the payment, and the payment of such taxes are the User’s sole responsibility. Under no circumstances shall the Company have an obligation to deduct or withhold any tax when making any payment by the User;
(C) Payment related to this Agreement, including transfer by the user of the Charter Price and any additional costs by the Users registered in the Republic of Azerbaijan, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Moldova, the Russian Federation, the Republic of Tajikistan, the Republic of Uzbekistan, occasionally can be made by the electronic payment service PLATRON under its terms and conditions.
(D) “Global Online Travel” Limited Liability Company (Republic of Armenia, registration number 271.110.1183229) shall be the Service operator in the following regions: the Republic of Azerbaijan, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Moldova, the Russian Federation, the Republic of Tajikistan, the Republic of Uzbekistan. In these regions the operator shall perform all the Company’s obligations and exercise its rights towards the Users, including but not limited to making payments under the terms and conditions specifies herein.
4 CANCELLATION OF CHARTER AND REFUND POLICY
4.1 Terms of cancellation of the Charter and refund policy shall be determined by the Yacht Owner and shall be placed in the Yacht Owner’s Central Agent Account.
For the purposes of the present Agreement the “Central Agent Account” shall mean a section of the Service managed by its owner (Yacht Owner), viewable to the Users and containing information about services provided by a Yacht Owner, terms of provision of services by a Yacht Owner, a Yacht Owner terms of cancellation of Charter and refund policy, photos of the watercraft(s) owned by a Yacht Owner.
4.2 In the event of cancellation of the Charter for any reason the procedure for the return of funds transferred by the User directly to the Yacht Owner is determined by the agreement between the Yacht Owner and the User and/or the terms of cancellation of the Charter and refund policy placed by the Yacht owner in the his /her Central Agent Account.
4.3 The Company shall be responsible for return only of those funds that the Company received directly from the User as payment for the Charter, and under no circumstances the Company shall be liable for any other Charter’s calculations and / or any financial obligations of the Yacht Owner with respect to the User.
4.4 All disputes and disagreements regarding to the cancellation of the Charter and refund of the Charter Price shall be resolved between the Yacht Owner and the User without the involvement of the Company.
5 USER’S REPRESENTATIONS AND WARRANTIES
5.1 The User represents and warrants at all times continuing to use the Service that:
(A) the User has legal capacity under the laws of all applicable jurisdictions and agrees to this Agreement voluntarily, and that the User has full power, authority and capacity to comply with this Agreement and his obligations contained herein;
(B) the User’s compliance with this Agreement is lawful and his obligations hereunder are legally binding and valid;
(C) the User has carefully and thoroughly read and understood this Agreement;
(D) The User enters into this Agreement with intention perform in good faith the terms hereof.
(E) by entering into this Agreement, the User has not relied on any representation, warranty, statement, undertaking or conduct of any kind other than as expressly provided in this Agreement;
(F) all information provided by the User is true, complete, valid and not misleading in any respect, and the User acknowledges and agrees that the Company enters into this Agreement with the User in reliance on the representations and warranties set out in this section;
(G) all information provided by the User while using the Service, including his/her personal data, cookies, etc., may be checked for the purposes of sanctions compliance under the US and EU regulations following the Russia’s military aggression against Ukraine.
6 USER’S ONGOING OBLIGATIONS
6.1 The User shall:
(A) regularly monitor and review any announcements connected with the Service made on the Site;
(B) use the Service only for the purposes and in the manner expressly permitted by this Agreement;
(C) notify the Company immediately if any of the representations and warranties made under this Agreement have become untrue, incomplete, invalid or misleading in any respect;
(D) not engage in any activity that interferes with or disrupts the Service in any way;
(E) keep, and be fully responsible for keeping, the information required to access his/her account (including the password) confidential, secure, intact and under control at all times;
(F) not remove any copyright, trademark or other proprietary notices from any portion of the Service;
(G) not reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by the Company;
(H) not decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law;
(I) neither refer to nor create any copies of the Service in full or in part;
(J) not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service;
(K) not attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks;
(L) not use or reference to in any manner the Company’s names, logos, product and service names, trademarks or Service marks;
(M) not use any content posted in the Service and/or Site, including but not limited to photos and videos of the watercrafts uploaded by the Yacht Owners, for the purposes other than search for and choice of the watercraft for the Charter;
(N) not otherwise infringe the Company’s intellectual property rights concerning the Service, the software and any other content of the Site through which the User accesses the Service;
(O) observe all applicable laws and regulations (including tax and intellectual property laws and regulations) in such manner that will, to the best of his/her knowledge and belief, result in compliance by it and the Company in any jurisdiction in which it directly or indirectly uses the Service;
(P) provide promptly such evidence of its compliance with this Agreement as the Company may at any time reasonably require.
7 EXCLUSION OF REPRESENTATIONS AND WARRANTIES BY THE COMPANY
7.1 The User hereby accepts that, to the fullest extent permitted by law:
(A) no warranty is given in respect of the Service or any information provided to the User; and
(B) the Company expressly disclaims all warranties and conditions of any kind, whether express or implied, including:
(i) any implied warranties of merchantability, fitness for a particular purpose or non-infringement;
(ii) any warranties as to the timeliness, reliability, suitability, sequence, accuracy, adequacy, consistency or completeness of any information provided to the User at any time or from time to time;
(iii) any warranties that the access to the Service provided hereunder will be uninterrupted, timely or free from error.
8 LIMITATIONS OF THE COMPANY’S LIABILITY
8.1 To the fullest extent permitted by law, the Company expressly disclaims all liability for any loss whatsoever, and howsoever caused, incurred or suffered by you or anyone else, and including any loss arising from or in connection with:
(A) any inaccuracy, incompleteness or delay in any information provided to the User;
(B) any transaction failure which may occur when the User seeks to make payment;
(C) any malfunction, instability, or another breakdown of any software used by the Company for the provision of the Service;
(D) any disclosure, loss, theft, destruction or inaccessibility of the User’s account, password or other data (including the User’s or any other person’s failure to keep these secure, safe and confidential);
(E) termination of this Agreement at any time and for any reason;
(F) any failure of the Service to be used in any specific way or to meet any specific purpose or requirements;
(G) any war, riots, acts of God, restraints imposed by any governmental or semi-governmental or regulatory authority, industrial or trade disputes, fires, explosions, storms, typhoons, floods, lightning, earthquakes and natural calamities.
8.2 The Company shall have no liability, however arising, for any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage arising out of or in connection with the provision of the Service hereunder, or otherwise related to its subject matter, regardless of the negligence (either active, affirmative, sole, or concurrent) of the Company, even if the Company has been advised of the possibility of such damages.
8.3 The Company shall not be liable for any damages, liability or losses arising out of: (i) the User’s use of or reliance on the Service or the User’s inability to access or use the Service; or (ii) any transaction or relationship between the User and any Yacht Owner, even if the Company has been advised of the possibility of such damages. The Company shall not be liable for delay or failure in performance resulting from causes beyond the Company’s reasonable control.
8.4 The Company’s aggregate liability to the User for any claims for damages (whether under contract, tort, warranty, or other law) resulting from, arising out of, or in connection with this Agreement, or otherwise related to its subject matter, will not exceed 10% of the Charter Price paid by the User to the Company in connection with the relevant Charter.
9 INDEMNITIES
9.1 The User indemnifies the Company against, and agrees to reimburse and compensate the Company for, any liability or loss arising from (and any costs incurred in connection therewith):
(A) any violation of this Agreement by the User;
(B) the Company exercising, enforcing or preserving its rights, powers or remedies (or considering doing so) with respect to the User in connection with this Agreement;
(C) infringement of any Company’s or third parties’ intellectual property rights or other rights in connection with the User’s use of the Service and the Site and its contents.
10 USER’S CONSENT TO ADVERTISING MESSAGES AND PRIVACY POLICY
10.1 The User agrees to receive advertising messages from the Company. The User has a right to decline receiving advertising messages by using the relevant functionality of the Service, as part of which or in connection with which the User received such messages.
10.2 The Company shall collect and process only that personal data of the User which is required to be processed for the use of the Service or necessary to provide the Service.
10.3 The User hereby gives his consent to collection and processing of the User’s personal data to the extent and for the purposes specified in this Agreement and in Privacy Policy posted on the Site: https://getboat.com/yachts/privacy-policy/.
10.4 The Company shall take all necessary and sufficient organizational and technical measures to protect the User’s personal data from illegal or accidental access, destruction, alteration, blocking, copying, or distribution, as well as from other illegal actions with such data by third parties.
In order for the Service to work more efficiently the Site uses cookie files. By starting to use the Service, the User agrees to the use of cookie files. The User may find out more on the Site about the main terms of cookies using by the Company.
10.5 With regards to the personal data protection the Company follows the legislation of the United States of America.
11 PROHIBITION OF DISCRIMINATION
11.1 Discrimination refers to any distinction, exclusion, restriction or preference in the rights and freedoms of an individual or a group of individuals, as well as support for discriminatory behavior.
11.2 When using the Service, the User shall be tolerant and not specify any requirements of a discriminatory nature, in particular the requirement that the transportation services be provided by a Yacht Owner of a certain sex, race, nationality, sexual orientation. If the User indicates discriminatory requirements, the Service reserve the right to reject the request and terminate the Agreement with the User (to block the account).
12 ASSIGNMENT AND NOVATION
12.1 The Company may assign, transfer, novate or otherwise deal in any manner, all or any part of its rights, remedies, powers, duties and obligations under this Agreement to any person, without the User’s consent and in any way the Company considers appropriate.
12.2 The User agrees that it may not claim against any assignee, transferee or any other person who has an interest in this Agreement, any right of set off or other rights that the User has against the Company.
13 TERM AND TERMINATION
13.1 This Agreement will commence at the moment specified in clause 1.4 and shall continue until terminated in accordance with this Section 13.
13.2 Notwithstanding any other provision of this Agreement, the Company may at any time and for any reason immediately terminate this Agreement as between the User and it without prior notice or need to specify reasons, including if:
(A) the User has breached any provision of this Agreement or acted in a manner which clearly shows that the User does not intend to or is unable to comply with any provision in this Agreement;
(B) the Company reasonably considers it is required to do so by the application of any laws or regulations or by any government, quasi-government, authority or public body (including any regulatory body of any jurisdiction); or
(C) the Company determines that performing its obligations under this Agreement is no longer commercially viable.
13.3 The Company will inform the User of such termination by notice in accordance with Section 18.
14 WAIVER OF SET-OFF
14.1 The User acknowledges and agrees unconditionally and irrevocably to waive any right of set-off, netting, counterclaim, abatement or other similar remedy which the User might otherwise have under this Agreement under the laws of any jurisdiction.
15 GOVERNING LAW
15.1 This Agreement is governed by and must be construed in accordance with the law of the State of Delaware.
16 RESOLUTION OF DISPUTES
16.1. Any dispute and controversy, which may arise during the fulfillment hereof, shall be settled, as far as possible, by negotiations between the Parties.
16.2. If there is a dispute between the Parties resulting from, arising out of, or in connection with this Agreement or related to its subject matter, the dispute shall be resolved through judicial procedure in accordance with applicable laws of the State of Delaware, USA.
17 THIRD PARTY RIGHTS
17.1 Any person who is not a party to this Agreement may not enforce nor enjoy the benefit of any provision of this Agreement.
18 NOTICES
18.1 The User agrees that the Company may give notices and communications, under or in connection with this Agreement by announcement on the Site or by email to the email address which the User registers to its account, and that such notice is deemed to be effective and received by the User at the time when it is published on the Site, or, if earlier, sent, by the Company unless the Company promptly receives an automated message indicating failed delivery of that notice.
18.2 Notices to the Company may be directed to the email address specified on the Site.
19 NO WAIVER
19.1 No failure or delay on the part of the Company to exercise any right, power or remedy under this Agreement will operate as a waiver, nor will any single or partial exercise by the Company of any right, power or remedy.
20 REMEDIES CUMULATIVE
20.1 The rights, powers and remedies provided in this Agreement are cumulative and are not exclusive of any rights, powers or remedies provided by law.
21 NO RELATIONSHIP
21.1 This Agreement do not create any kind of partnership, joint venture, advisor, fiduciary, agency or trustee relationship or any similar relationship between the User and the Company or any other person or entity.
22 SEVERABILITY
22.1 If any provision of this Agreement is held to be illegal, void, unenforceable or invalid, whether in whole or part, under the laws of any jurisdiction, that portion will be severed, and such illegality, unenforceability or invalidity will not affect the legality, enforceability or validity of the remaining provisions of this Agreement in that jurisdiction, nor the legality, enforceability or validity of this Agreement in any other jurisdiction. This section 22 has no effect if the severance would alter the basic nature of this document or be contrary to public policy.
23 LANGUAGES
23.1 This Agreement is made in English. If the text of this Agreement is translated into any other language for the User's convenience, in case of any discrepancies, the text in English shall take precedence.
| Registered address | 251 Little Falls Drive, Wilmington, New Castle County, State of Delaware, 19808, USA |
| Registration number | 7047233 |
| info@getboat.com |
