TERMS OF USE

Updated date: 1st April 2021

  1. Introduction

Boat Link, based in Ontario, Canada, owns and operates the www.theboatlink.com and the Boat Link Mobile Applications (“App”), which are available on the Apple App Store (IOS) and Google Play Store (Android). Boat Link is referred to as "we," "us," "platform," "Boat Link," and "our" on the Site/App (collectively “Site”). We provide you, the user, with the Boat Link Site and App, as well as all content, resources, and services available from this site, conditional on your approval of all of the terms, conditions, policies, and notices specified here.

You (“User”, “Renter” or “Member”) engage in our “Services” by visiting our site and/or using the Boat Link App, and you consent to be bound by the following terms of service (“Agreement”), including those terms of service and policies referenced herein and/or accessible by hyperlink. These Terms and Conditions extend to all users of the Site and App, including browsers, registered users, and content contributors, without limitation..

PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES.

Please read these Terms carefully before downloading, installing or using the App and when using our Site. By downloading, installing, accessing, the App or by the browsing the Site, you accept and agree to these Terms which bind you legally. If you do not agree with these Terms, our Privacy Policy, or any other of our policy, you should not use the Services.

  1. General

  1. About. Boat Link is a marketplace facilitating a connection between owners of boats/vessels and renters who want to rent them. To find out more information about what we do, please refer to our website/App.

  2. Sole Discretion. We reserve the right to add/discontinue any product or service anytime at the sole discretion and without notice. We also reserve the right to take appropriate steps to protect Boat Link and/or its Members/Users from any abuse/misuse as it deems appropriate in its sole discretion.

  1. App Updates and Functionality

From time to time, updates to the App may be made available through the App Store and Play Store. Depending on the update, and whether you utilized the App Store or Play Store to download and access the App, you may not be able to use the App until you have installed the latest version. In addition, you acknowledge that the App is provided over the Internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control. Accordingly, we do not accept any responsibility for any connectivity issues that you may experience when using the App. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the App, and for paying any data charges that may be charged to you by your network provider in connection with your use of the App.

  1. Store Rules

With respect to downloading the App, you agree to comply with the App Store Rules and Play Store Rules, as applicable. You acknowledge that the availability of the App may be dependent on the App Store or Play Store from which you receive the App. You acknowledge these Terms are between you and Boat Link and not with the App Store or Play Store. The App Store and Play Store are not responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You acknowledge that the App Store and Play Store (and their respective subsidiaries) are third party beneficiaries to these Terms and will have the right to enforce these Terms against you. 

  1. Connecting Platform/Intermediary

BOAT LINK IS ONLY A CONNECTING PLATFORM/INTERMEDIARY AND IS NOT A PARTY TO ANY RENTAL AGREEMENT OR OTHER TRANSACTION BETWEEN USERS OF THE WEBSITE/APP AND THE USERS AGREE TO DISCHARGE BOAT LINK AGAINST ANY LIABILITY.

  1. Boat Link serves as a connecting platform/intermediary for users of the Website/App who are renters ("Renters") and boat owners ("Members") to view and post active boats to facilitate the rental of those boats (Members and Renters, each a "User" and together, "Users"). Although we may from time to time provide resources that relate to a booking, such as a tool to allow a Renter to engage into a transaction to rent a specific boat directly from a Member and payment order to enable the booking, Boat Link is not a party to any agreement made or transaction between Renters and Members. As a result, Boat Link has no power over the material or information given or used by such Renters and Members. Any aspect of an actual or potential transaction between such a Renter and a Member, including the condition, quality, safety, or validity of the boats advertised, the truth or accuracy of the listings (including the content thereof or any related review), the ability of Members to rent a boat to a Renter, or the ability of Renters to pay for or operate boat rentals, is solely the responsibility of o Member accepts and recognizes that the Renter(s) who rent Member's boat are solely responsible for their compliance and protection (s).
  2. You understand and consent to take all appropriate steps to ensure that all User generated content is credible and correct. We are also not liable for the performance of any boats listed on the Website/App, nor for any laws, rules, or regulations that may apply to boat service, repair, rental, or charter in any jurisdiction. Members understand and accept that they are solely responsible for complying with any laws, rules, or regulations that may be applicable to boat operation, repair, leasing, or charter in the jurisdiction in which they operate or are otherwise located. Renters and Members are solely responsible for ensuring that any boat rented complies with any legal or safety criteria for such rental. Without excluding the above, Members and Renters are fully responsible for adhering to any legal and/or safety provisions in effect in your relevant jurisdiction, as well as any health and/or travel advisories. Members are responsible for deciding if renting a boat is legal and, if so, for keeping their boat clean and having adequate sanitation supplies for Renters to clean the boat after usage. Renters are responsible for returning every rented boat in a sanitary condition, using the Member's sanitation supplies.
  1. Separate Agreement

Users understand and accept that before making a booking or buying a product or service, you will be required to enter into a separate agreement and/or waiver, directly between the Renter and Member, and that such agreement and/or waiver can impose additional restrictions on your booking, product, or service. All separate agreements and/or waivers pertaining to the renting of a boat or associated products or services are solely between the Member or provider and the Renter's control.

  1. Permitted use 

  1. You agree to use the Site, App, and Services only for the purposes set forth in these Terms and Conditions, as well as in accordance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions.
  2. You expressly acknowledge and agree that if you will be going to operate a boat, you are accountable for maintaining that you are sufficiently skilled in the operating condition of the boat and legally permitted to continue operating a boat in the locality in which you are renting, and that you will not enable any other occupants of the boat to operate the boat unless they are each of sufficiency skilled in the operation of the boat. You may not give others access to your user account, and you may not assign or otherwise transfer your user account to anyone else. If you live in a jurisdiction that prohibits you from using the Services because of your age, or prohibits you from entering into agreements like this one because of your age, you must respect those age restrictions and refrain from using the Services. Without limiting the foregoing, children are not permitted to use the Services (persons under the age of 18). You represent and warrant that you are at least 18 years old by using the Services. Boat Link reserves the right to refuse anyone access to the Services at any time and for any reason, including, but not limited to, for violating the Terms.
  3. It is strictly prohibited to share contact information such as an email address, phone number, website address, company name, social media accounts or profiles, pickup locations, contact information to other members, or any other form of direct communication with users outside of Boat Link. Boat Link reserves the right to monitor and block any content that it believes is being used to circumvent Boat Link or otherwise violates the terms of service. If you do not follow the terms, your account will be suspended and you will be removed from the platform. You agree not to try to circumvent Boat Link in any way, including but not limited to using Boat Link's messaging platform, boat listings, public and private reviews, and images uploaded.
  4. You agree to use the Services solely for lawful purposes. Please keep in mind that anyone who uses your user name and password will be treated as "you." We'll give this user all of the rights and privileges that we give you, and we'll hold you accountable for the actions of anyone who uses your password. As a result, we recommend that you keep your user name and password private and refrain from disclosing them to anyone who might "pretend" to be you in connection with the Services. We also ask that you notify us right away if you suspect someone is abusing your user name and/or password, or otherwise gaining access to the Services in an unauthorized way.
  1. Indemnification & Release

IF THERE IS A DISPUTE BETWEEN A RENTER AND A MEMBER, MEMBER AND RENTER, JOINTLY AND SEVERALLY, HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS BOAT LINK AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “BOAT LINK PARTIES”) FROM ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), FINES, PENALTIES AND OTHER COSTS OR EXPENSES, OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO REASONABLE LEGAL AND ACCOUNTING FEES (COLLECTIVELY, THE “CLAIMS”), KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, INCLUDING, WITHOUT LIMITATION, DISPUTES ARISING OVER BREACH OF THIS AGREEMENT, BREACH OF ANY SEPARATE AGREEMENT OR TRANSACTION, AND/OR THE SUBSTITUTION OF RENTAL UNITS. FURTHER, MEMBER AND RENTER EACH HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS THE BOAT LINK PARTIES FROM ANY CLAIMS BROUGHT AS A RESULT OF MEMBER AND/OR RENTER’S (1) BREACH OF THE TERMS, (2) VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, AND (3) USE OF THIS WEBSITE AND THE SERVICES.

  1. Contract for Insurance

Boat Link isnt a party to any insurance contract arranged by any link to a third-party insurance company advertising on the Website, and it is not working on behalf of any insurer, broker, or agent, any insured, or any claimant in any such contract. Insurance coverage may be obtained through a third-party independent insurance producer. Boat Link does not serve as an insurance broker, agent, or consultant, is not endorsing or recommending any specific insurer or terms of coverage, and is simply offering a link for you to transact an insurance policy with a third-party provider if you so choose. Any insurance contract is solely between you, the insured, and the third-party insurance provider that you and the third-party insurance provider agree to act as the insurer. Boat Link has no control about, and makes no statements about, any insurance you can obtain from a third-party provider. You understand and accept that Boat Link is not responsible or liable for any claims or disputes arising from or relating to an insurance policy facilitated by this link. You also agree and acknowledge that Boat Link will not be a party to any such claims or disputes.

  1. Interaction with other Members

You are solely responsible for your communications with other Boat Link Members. Boat Link reserves the right, but has no obligation, to monitor disputes between you and other Members. Boat Link also reserves the right to take appropriate action against errant members. However, Boat Link is not obliged to share such action with other members, including complainants. Boat Link expressly disclaims any responsibility or liability for any transactions or interactions between the members inter-se.

  1. Payments

Renter accepts and agrees that, while Boat Link is not a party to any agreement between you and any Member, Boat Link may function as the Member's payment agent for the purposes of obtaining payment for bookings made through Boat Link.

  1. Forming Payment Accounts

As a Renter, you are responsible for creating an account, making payment authorizations for bookings, and paying for Services in accordance with these Terms and any other terms specified at the time of booking. You consent to provide all requested information, including a credit card for pre-authorization/reservation, payment/capture, and pre-authorization/reservation for Services. Payment for a reservations will be made directly to the member who posted the listing by Boat Link. After providing us with your credit card details, you allow us to charge your card for the total rental cost as well as any needed deposit. On the credit card provided by the Renter at the time of booking, we will operate a pre-authorization for the entire amount of the booking. You consent to allow us to charge a nominal charge to your credit card to check the authenticity of the details you provide. The Renter's credit card will be charged in full if the Member approves the booking. You give Boat Link's service provider express permission to initiate credit transfers to your financial institution account. You expressly authorize Boat Link to use a service provider to store your credit card details in order to facilitate payments as defined herein. Boat Link will ensure that any service provider it requires to process or store your credit card information is bound by the same obligations to protect your information as we are.

  1. Deposits

Renters are responsible for returning the boat in the same condition as when they first rented it. Renters understand and accept that you and your guests on the boat are liable for all actions and omissions that affect the boat's condition. You accept that if a Member claims and proves damage to the boat, Boat Link has the right to charge a deposit to your credit card to compensate the cost of the damage, as determined after a reasonable investigation. Any damage claim made by a Member relating to your rental will be notified to you, and you will have the opportunity to respond as specified in the notice. After the rental is completed, we can only charge a deposit to the Renter's credit card if the Member has filed a claim and the deposit sum has been determined to be sufficient after investigation of the claim.

  1. Limited License

We grant you a limited license to use the Services for personal non-commercial use only. You may not: (a) resell or make any commercial use of this Site and the App or any of the contents of our Services; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of the Services not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of the Services in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Services or to collect any information from the Site, App or any other user.

Your use of this Site and the App is at your own risk. You agree that you will be personally responsible for your use of this Site and the App. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to our Services on a temporary or permanent basis and any decision to do so is final.

  1. Service Fee to Renters and Owners

YOU UNDERSTAND AND ACCEPT THAT ANY DIRECT OR INDIRECT EXCHANGE OF MONEY BETWEEN RENTERS AND MEMBERS OTHER THAN PAYMENT THROUGH BOAT LINK IS A VIOLATION OF THESE TERMS.

  1. We charge a service fee of 15% of the total rental (i.e., the booking and any additional expenses) for facilitating the rental and this amount will be reflected in the final amount charged to Renter's credit card.
  2. We charge a service fee of 3% to the owner.
  3. Boat Link reserves the right to round up amounts to the nearest whole dollar (for example, $101.60 will be rounded to $102). We will process any necessary currency conversion (Boat Link charges in Canadian dollars unless otherwise specified) based upon Renter's currency on the day the credit card is charged and we will charge a conversion fee of 3% of the total rental for currency conversions. We reserve the right to adjust the conversion rate based upon when the payout is made to the Member. The service fee and any conversion fee constitute "Transaction Fees."
  4. Boat Link reserves the right to adjust its Transaction Fees at any time. Any Fee changes will be effective the next time you book a rental after such fee change goes into effect (i.e., rentals already booked will be subject to Fees as established at the time of booking).
  1. Member Payments

  1. Members will be paid net 30 days from the date of the completed reservation for approved bookings. Boat Link may elect to pay a Member a portion of the agreed booking after the reservation is made and the remaining portion of the accepted booking net 30 days from the date of the completed (fully paid) reservation in limited circumstances, on a case-by-case basis, in its sole discretion. If an approved booking is cancelled or terminated by either Member or Renter before the reservation is completed for any reason, Member must return to Boat Link all amounts advanced by Boat Link for such reservation immediately (within five (5) days) upon receiving written demand for same. Member also acknowledges that Boat Link is not responsible for any losses incurred as a result of the cancellation and/or return of funds. If Member fails to promptly refund said amounts, Boat Link will be entitled to interest at the rate of 18 percent per year, or the highest rate permitted by statute, whichever is lower, as well as any of Boat Link's attorneys' fees and court costs.
  2. Boat Link reserves the right to transfer a booking and related payment to another Member on Renter's behalf if a Member does not act to a booking inquiry. If Boat Link discovers fraud or other suspicious behavior in connection with the rental or payment, Boat Link reserves the right to withhold payment to Members. Inappropriate payment methods that may be posted on the Website/App may result in the non-conforming listing being removed from the Website without warning or refund. Unacceptable payment methods are those that may lead to identity theft, fraud, or a violation of privacy.
  1. Rental Unit Replacement

The renter acknowledges and accepts that the boats/other watercraft reserved can be damaged or in need of repair at a certain time prior to the start of the reservation. If a Member is unable to provide the reserved boat/other water vessel to Renter due to its unavailability, the Member can provide Renter with a substitute unit that is equivalent in age, scale, model, and value to the reserved boat/other water craft. Member must notify Renter of the need for a unit(s) replacement as quickly as feasible, and upon request, provide Renter with photos and a specification of the replacement unit. If Member is unable to provide Renter with an equivalent substitute unit , Renter may cancel the reservation at any time before it begins and receive a refund in compliance with the Refund Policy as if the Member had cancelled it. If Member offers Renter a similar unit and Renter refuses to complete and/or cancel the reservation, Renter will not be entitled to any refund and will be required to pay all amounts owing. If Renter and Member disagree on whether the substitute unit proposed by Member is sufficiently similar to the unit reserved by Renter, Boat Link will make the final decision in its absolute discretion, and Renter and Member agree to accept Boat Link's decision.

  1. Taxes

Local, federal, and state taxes can apply to the rental/booking fee and any additional expenses. The Member who accepts the reservation is directly responsible for tax collection, filing, and payment. At the sole discretion of the Member, Boat Link can charge relevant taxes to the Renter's credit card. Members are solely responsible for determining relevant taxes, and any tax queries should be directed to their own legal/tax advisor. It is your duty to include VAT in the price of the booking for Members located in the European Union, and you will be responsible for reporting VAT.

  1. Cancellation and Refund Policy

Renter will be refunded amounts paid to Boat Link for the rental, except the Transaction Fee, if a Member cancels an accepted rental before the rental begins.

If Renter cancels an accepted rental before it begins, Boat Link will issue a "Cancellation Refund" to Renter, as described below. In no conditions will the Transaction Fee be refunded to the Renter. The Cancellation Refund sum is determined by the Member's cancellation policy, which is set out with the Member and is as mentioned below:

  • Member will be eligible for a refund amount determined based upon the cancellation time prior to the booking.
  • Members cancelling 14 days prior to booking may be eligible for a refund of 100% of the total amount/booking value while Members cancelling within 7 days may be eligible for a refund of 75% and members cancelling within 5 days may be eligible for a refund of 50% of the total amount/total booking value.
  • Boat Link reserves the right at its sole discretion to determine the refund amount and the decision will be accepted by the Renter/Member.

If the Renter's separate rental agreement with the Member (a) does not contain a cancellation policy or (b) the cancellation policy therein varies from the aforementioned cancellation policy options, the Cancellation Refund sum will be calculated in accordance with Boat Link's cancellation policy. Renters are also bound by any additional cancellation conditions stipulated in each listing's terms. If a listing's cancellation terms clash with the cancellation terms set forth herein, the cancellation terms set forth herein take precedence. Members will be compensated with the non-refunded portion of the rental price for their next rental that is successfully completed via Boat Link if Boat Link issues a Cancellation Refund to Renter that is less than 100% of the rental price.

  1. Cancellation Fee/Transaction Fee

After both parties have decided on a booking, Boat Link can charge a fee if the reservation is cancelled. Based on the total rental cost, the following is a summary of cancellation fees:

  • For amount below $100: Fee is $5
  • For amount Over $100 but below $250: Fee is $20
  • For amount Over $250: Fee is $50

On the next rental that is successfully completed via Boat Link, the cancellation fees will be deducted from the Member's account. Renters must adhere to the cancellation policies outlined in each listing's terms. Furthermore, if a Member cancels a rental for some reason other than weather or another risk to the Renter's safety, the Member (rather than the Renter) will be billed the Transaction Fee for the rental, as described above.

  1. Chargeback Policy

If renter disagrees with any charges, renter must provide Boat Link with a detailed written description of the disputed amount within fourteen (14) days of the charge, and the parties must engage in a conversation about the same before filing a dispute with renter's credit card company. Any claim or dispute is void if notice of the dispute is not given in a timely manner. Renter shall include any additional written explanations, information, and/or supporting documents, as requested by Boat Link, in the format requested by Boat Link. Valid charges assessed in accordance with these terms of use shall not be disputed by the renter.

Member understands and accepts that Boat Link is merely a conduit for reservations and payments between renters and members, and that member bears all rental payment risk. If a renter obtains a credit card chargeback against boat link for some reason, and boat link has already paid all or a portion of such amount to member, then member shall immediately (within five (5) days of receiving written demand for same) return all such amounts to Boat Link.

  1. Website Use

Boat Link, its licensors, suppliers, and providers own the content and information on its website and app (including, but not limited to, price and availability of boats listed in any inventory database), as well as the infrastructure used to provide such content and information. Although you have the right to make limited copies of your booking documents (and related documents) for boat rentals booked through this Website, you agree not to and have no right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or resell any information, software, content, products, or services obtained from or through this Website. In addition, you agree not to:

  • use this Website or its contents for any commercial purpose 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 Boat Link's discretion, an unreasonable or disproportionately large load on Boat Link'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.
  1. Verification of Users

On the Internet, user verification is complicated, and we cannot and do not accept any responsibility for verifying each Renter or Member's identity. Regardless of the above, you agree to provide proof of identity that we or the Member for whom you book a rental can reasonably request.

You consent to (i) keep your Boat Link account and email account passwords safe and confidential, (ii) notify us immediately and choose a new online ID and password if you believe your Boat Link account or email account password has become known to an unauthorized person, and (iii) notify us immediately if you are contacted by anyo We highly urge you not to share your online ID and password for your Boat Link account or your email account with anyone. If you give anyone your online ID and password, or if you fail to properly safeguard such information, you are responsible for any and all transactions that the individual makes while using your Boat Link account or email account, including fraudulent transactions or transactions that you did not plan or intend to be made.

  1. 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 BOAT LINK 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. NEITHER BOAT LINK NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS NOR SUPPLIERS WARRANT THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY.

BOAT LINK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO RENTERS OR MEMBERS THAT:

  • THE INFORMATION PROVIDED BY RENTERS OR MEMBERS IS TRUE OR CORRECT,
  • BOAT RENTALS WILL BE AVAILABLE AT ADVERTISED DATES, TIMES, LOCATIONS, AND/OR PRICES, INCLUDING PURSUANT TO A CONFIRMED OR PURCHASED RESERVATION,
  • BOATS WILL BE COMPLIANT WITH ANY LEGAL OR SAFETY REQUIREMENTS,
  • YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
  • YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
  • 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.

  1. Release and Indemnity

IN THE EVENT OF A DISPUTE BETWEEN A RENTER AND A MEMBER, MEMBER AND RENTER, JOINTLY AND SEVERALLY, HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS BOAT LINK AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “BOAT LINK PARTIES”) FROM ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), FINES, PENALTIES AND OTHER COSTS OR EXPENSES, OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO REASONABLE LEGAL AND ACCOUNTING FEES (COLLECTIVELY, THE “CLAIMS”), KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, INCLUDING, WITHOUT LIMITATION, DISPUTES ARISING OVER BREACH OF THIS AGREEMENT, BREACH OF ANY SEPARATE AGREEMENT OR TRANSACTION, AND/OR THE SUBSTITUTION OF RENTAL UNITS. FURTHER, MEMBER AND RENTER EACH HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS THE BOAT LINK PARTIES FROM ANY CLAIMS BROUGHT AS A RESULT OF MEMBER AND/OR RENTER’S (1) BREACH OF THE TERMS, (2) VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, AND (3) USE OF THIS WEBSITE AND THE SERVICES. USERS ALSO ACKNOWLEDGE AND AGREE THAT BOAT LINK HAS NO OBLIGATION TO MEDIATE, RESOLVE, OR ADJUDICATE DISPUTES BETWEEN USERS EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF USE.

  1. Suggestions/Feedbacks

Users occasionally send us business-related ideas or feedback, such as new or improved products or technology, website or tool upgrades, procedures, materials, marketing plans, or new product names. We don't ask for those suggestions or proposals, and we're not required to check or consider them. The following terms apply if you intend to submit any ideas, original creative artwork, suggestions, or other works ("submissions") to us in any form, regardless of what you say, write, or provide to us in connection with your submissions. This policy's primary aim is to prevent possible misunderstandings or conflicts in the event that any aspect of our business, such as our products, websites, technology, or marketing strategies, appears to be identical to any of your submissions.

If you send us any submissions, you accept that we may: (1) use or redistribute any such submission and its contents for any reason and in any way without compensation to you; (2) we are under no obligation to review any submission; and (3) we are under no obligation to keep any submission secret.

  1. Spam/Spyware/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.

  1. Intellectual Property Rights

Your use of the Site, App and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site and App. All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site and the App, are protected by national intellectual property and other laws. Any unauthorised reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorisation. To inquire about obtaining authorisation to use the Content, please contact us at admin@theboatlink.com In addition to the intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the Site and App.

  1. Monitoring Activity

Boat Link has no obligation to monitor this Site and the App or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you.

  1. Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BOAT LINK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE, APP AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND APP AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE AND APP IS AT YOUR OWN RISK.

  1. Limitation of Liability

You agree that in no event shall Boat Link be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site and App or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorised access to or use of the Site or Apps secure servers and/or any personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure. You agree that you use the App and/or any Third Party Sites at your own risk. You further understand and agree that we are not responsible or liable for your illegal, unauthorized, or improper use of information transmitted, monitored, stored or received using the App.

  1. Indemnification

You agree to indemnify and hold Boat Link and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of our Services, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.

  1. Dispute Resolution and Governing Laws

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services.

  1. Headings

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

  1. Children

Our Service does not address anyone under the age of 18 (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

  1. Privacy & Cookies

For more information on how we collect your information and cookies, please refer to our Privacy Policy and Cookie Policy.

  1. Changes

We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website or the App by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our Site and App constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.

  1. Severability

If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.

  1. Assignment

We shall be permitted to assign, transfer, or subcontract our rights and obligations under these terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.

  1. Force Majeure

Boat Link is not liable for any delays caused by circumstances beyond Boat Link’s control, e.g. general labour dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above.

  1. Entire Agreement

These Terms and Conditions set forth the entire understanding and agreement between you and Boat Link concerning the subject matter herein and supers all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site and App. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive Boat Link's right to act concerning subsequent or similar breaches.

  1. Relationship

No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither of us has any authority of any kind to bind the other in any respect.

  1. Claims

You agree that all disputes arising out of the Terms or the use of Boat Link's Services shall be communicated to Boat Link 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 Boat Link not communicated as provided by this Section.

  1. Violation and Termination

Any conduct that in any way violates these Terms or any posted restrictions or guidelines may result, in our sole discretion, in the termination of your license and right to utilize the Services to access Content or for any other purpose, and/or our pursuit of any legal damages or remedies. If necessary, or as authorized under applicable law, we may cooperate with local, state and/or federal authorities to protect the Sites, the App, the Services, the Content, Boat Link, its Affiliates, Licensors, members, employees, agents and/or visitors; to comply with applicable laws; or to prevent unauthorized access or use of the Services or the Content. We retain the right to deny access to the Services, in our sole discretion, to any visitor/user for any reason, including for any violation of these Terms.

  1. Endoresements

Boat Link does not endorse any particular Member and does not advise users on which Member to choose for their rental needs. All comments or reviews posted on our Website by Boat Link users, Renters, or Members do not reflect the views of Boat Link in any way and are not endorsed by Boat Link unless stated otherwise in writing.

  1. Contact Us

For any questions, complaints, and queries or to report any violations, kindly get in touch:

Email: admin@theboatlink.com