Terms of Service
Member Interface Agreement
Member Relationship with YachtToGo. This Agreement stipulates the Terms and Conditions of Member's usage of products, software, services and web Website(s) (collectively "Services") of YachtToGo. YachtToGo means Yachttogo UK LLP 27 Old Gloucester Street London WC1N 3XX., d/b/a YachtToGo and YachtToGo.com. (Here in this Agreement, YachtToGo and Member are referred as "Party" individually and as the "Parties” collectively.) If a Member does not agree to all of the Terms, s/he must not use YachtToGo's Services. YachtToGo reserves the right to reject anyone to use its Services at any time and for any reason. Not complying with the Terms may result in the rejection of access to YachtToGo's Services and in the termination of Member's YachtToGo.com account.
The terms "Customer", "Tenant", or "User" mean a person or an organization that purchases Tenancy from a Member by the use of YachtToGo's Services.
The phrases "YachtToGo Website", or "Website" mean YachtToGo’s World Wide Website the URL of which is www.YachtToGo.com and any and all other web Websites YachtToGo owns or operates and offers online advertisement services through it.
The terms "Member", or "you" mean any registered user of YachtToGo's Services that uploads boat rental applications and other related information to YachtToGo's Web Website to promote and offer boat rentals or boat rental services via YachtToGo Website. Members include all parties related to renting the boats or providing the renting service to the Users of YachtToGo.
Recognition. Use of YachtToGo Services means recognition of this Agreement. By: (i) clicking to accept or agree option given in the user interface by YachtToGo for the Terms and Conditions of any Service; or by, (ii) actually using the Services, the Member recognizes the Terms and Conditions of this Agreement. In the case of option (ii), the Member understands and agrees that as of that moment, him/her using the Services means s/he recognizes this Agreement, including all of its Terms and Conditions.
Website Service Hours and Display of Content Generated by the Member
Service Hours. YachtToGo shall make commercially reasonable efforts to ensure that interfaces to Member and User access to YachtToGo Services are available without interruption, apart from any scheduled maintanence for the effective operation of the YachtToGo Website and apart from the cases that conditions that are not in the power of YachtToGo cause service interruptions. YachtToGo makes no promises that Services will always be available without interruption.
Content Generated by Members. You understand that for all messages, texts, postings, files, photos, images or other materials (the "Content") you post on, transmit via or link from the Website, the responsibility remains only with you. You agree that YachtToGo is only acting as a passive channel for you to distribute and publish your Content online. More specifically, the entire responsibility of each individual item of the Content that you distribute over the Website is yours. YachtToGo do not represent or guarantee the authenticity, accuracy or completeness of the information in the Website. In submitting Content, you represent and warrant that you have all the required authority and rights to post such Content, and to grant YachtToGo the rights to use such Content in order to provide the services.
YachtToGo is not in charge of any error or deficiency in the data gave by Member. It is the Member's commitment to guarantee the precision of all posting Content (exactness of boat definition, convenience for sailing the boat, capabilities of captain, legitimate necessities, terms of ID determination of the tenants, security, and so on.). If the Member finds that listing details are erroneous or wrong, it is the Member's sole obligation to correct the data in the Member account interface or contact a YachtToGo agent to determine any such blunder.
We may, without notice to you, suspend or cross out your posting whenever even without getting notice from you or pulling out to you in the case that we think, in our sole discretion, that your account in our website or the e-mail account you provided is being used in an unapproved or deceitful way.
Posting any Content that YachtToGo esteems debilitating, defamatory, encroaching, unlawful, injurious, disgusting, obscene, foul, provocative, sexual, explicit, indecent, offensive, badgering, or generally shocking is disallowed. You likewise consent to not post Content that damages any third party rights, including any Intellectual Property Rights, privileges of reputation and security. YachtToGo maintains whatever authority is needed to expel Content at its sole decision.
License. You retain all your rights in your Content. By posting such Content you grant YachtToGo an irrevocable, sub-licensable, transferable, perpetual, non-exclusive, royalty-free, worldwide license to use, duplicate, modify, publish, list information related, alter, translate, distribute, publicly perform, publicly display, and make derivative works of, all such Content and your name, voice, and/or similarity as involved in your Content, in whole or in part, and in any form, media or technology now known or developed in the future for use in YachtToGo's (and its successors' and affiliates') business. You also hereby grant each User of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as as allowed by the use of the Services of YachtToGo.
Photographs. If you choose to use the photography service of YachtToGo, you accept that YachtToGo will own all rights, title and interest in and to the copyright rights in the resulting images.
Registration. Before using the Services, Member needs to register to the YachtToGo Website, and conduct all actions necessary to comply with the YachtToGo Website registration requirements and the Terms.
Responsibility for applicable laws, rules and regulations. Members acknowledge that they are responsible for, and accept to comply with, all laws, rules and regulations applicable to their use of the Website, of any tool, service or product provided by the Website, and any transaction they make in connection with their use of the Website.
Members also acknowledge that they are responsible for and accept to comply with all laws, rules and regulations applicable to the advertisement of boats, the realisation of their tenancy, and the operation of any boat advertised on the Website, including but not limited to taxes, permit or license requirements, supervision and safety compliance, and verification of Tenant identification and travel instruments, when applicable.
It is the Member's responsibility to:
- fully inspect, train, and make Tenants aware of safety requirements, and ensure that each tenancy is covered by insurance.
- when acting as a captained tenancy, Members must make sure that they meet all local regulations and permits to act as one.
User-Member Communications. You accept that, in relation to other Members' or Users' personal information that you obtain directly or indirectly from or Website or via any Website-related communication, transaction or software, we grant you the permit to use such information only for: (a) Website-related communications that are not undesired commercial messages, (b) using services offered by the Website, and (c) obtaining information about a financial transaction between you and the other Member or User in relation to the Website (such as obtaining information or booking an online tenancy and paying for it). Any other purpose will require clear permission of the User. You cannot use any similar information for any illegal action or with any illegal intent.
In all cases, you need to give Users the option to remove themselves from your contacts or database and an option to monitor their information you have gathered. Additionally, apart from what is defined in this provision, you may not disclose any personal information of any other Member or User to any third party under any circumstance, without the consent of both us and of the Member or User. You accept that other Members or Users can use your personal information to communicate with you in line with this provision. Additionally, you accept that you will protect Members' or Users' personal information as you protect your own confidential information (at least at a reasonably standartd care), and you accept all liability for the misuse, loss, or unauthorized transmission of such information.
No Spam. We do not tolerate spam or any type of undesired commercial electronic correspondance. Thus, without limiting the foregoing, you are not permitted to add a Member or User, even a User who has rented a boat from you, to your mailing list (e-mail or physical mail) without the clealy expressed approval of a Member or User. You are not allowed to any tool or service on the Website to send spam or any type of undesired commercial electronic communications or in any other way that would violate these Terms. You are responsible for all content you enter into the Website or via any tool or service offered on the Website and for your use of any personal information of Users you obtain via the Website or otherwise in connection with your participation in the Services.
Content and Layout
All Content and copy edits submitted by Members are subject to review and approval of YachtToGo in its sole discretion. We, in our sole discretion, reserve the right to refuse to publish any Content that we think does not comply with the Terms or is otherwise unacceptable to us. Still, we assume no duty to review Content and we shall not have any liability for any loss or damage caused by the design or positioning of the copy, properties, Content and/or photographs or any alteration made to any Content, photograph or copy entered by any member. All Content must meet these Terms. We reserve the right to edit Content entered into the Website in a non-substantive manner only to make the Content comply with our Content guidelines or formatting requirements. Members are responsible for controlling and ensuring that all Content displayed on the Website appears to be Member intended.
Member (the "Indemnifying Party") will defend and indemnify YachtToGo (the "Indemnified Party") against any and all claims, losses, costs and expenses, including reasonable attorneys' fees, that the Indemnified Party may incur as a result of claims in any form by third parties due to: (a) the Indemnifying Party's intentional tortious or negligent acts or omissions (including, without limitation, noncompliance with any applicable legal and/or regulatory requirements); (b) the Indemnifying Party's breach of any representation, warranty or covenant contemplated here; (c) the infringement of any third party's intellectual property by any trademarks or other intellectual property provided by the Indemnifying Party to the Indemnified Party; and (d) the Indemnifying Party's failure to collect all taxes, fees and charges that may be applicable to the boat tenancy services offered for sale by the Indemnifying Party.