Terms of Service
Last updated: March 3, 2020
1. About the Website
1.1. Welcome to www.Boatigo.com (the 'Website'). The Website facilitates interactions between:
(a) boating enthusiast seeking to enjoy an experience on boats/watercraft/vessels (the 'Receiver'); and
(b) boat/watercraft/vessel owners seeking to share an experience on their boat/watercraft/vessel (the 'Provider'),
making it easier for the Receiver and the Provider to locate, communicate, and divide and pay for costs in a fast and secure manner (the 'Services').
1.2. The Website is operated by BOATIGO PTY. LTD. (ABN 163 086 057). Access to and use of the Website, or any of its associated products or Services, is provided by Boatigo. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
1.3. Boatigo reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You are deemed to accept the Terms when registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Boatigo in the user interface.
3. The Services
3.1. . In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (the 'Account').
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Mailing address
(e) Credit card or bank account details used for payment and/or payout
(f) Identification documentation such as (but not limited to) drivers licence, boat licence, proof of age card or passport.
3.3. You warrant that any information you give to Boatigo in the course of completing the registration process will always be accurate, correct and up to date.
3.4. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.
3.5. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age, or have the legal authority, to form a binding contract with Boatigo; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
i. the Terms; and
ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Boatigo of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Website ('Your Content') will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
(g) you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
(h) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
(i) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Boatigo;
(j) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(k) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Boatigo for any illegal or unauthorised use of the Website.
(l) you acknowledge and agree that any automated use of the Website or its Services is prohibited; and
(m) you agree to participate in accordance with our Community Standards.
5. Using the Website as the Receiver
5.1. When you use the Website as the Receiver, you can search for owners of boats, watercraft and vessels (collectively ‘Boats’) that are seeking to share an experience on their Boats with boating enthusiasts. Receivers can communicate with the Provider and organise their trip. Providers and Receivers can use the Website to calculate the cost of the trip and determine how that will be divided between the Provider and Receiver.
5.2. All Boating trips and experiences that are offered on the Website by Providers must be recreational in nature only and not operated for profit. No fish caught on these trips can be sold. Receivers acknowledge and agree that they are solely responsible for any insurance(s) that may be necessary when engaging a Provider that is sharing trip or experience on their Boat.
6. Using the Website as the Provider
6.1. Providers can use the Website to list details of a trip or experience using their Boats and have Receivers engage them and contribute a portion of the running costs of the Boat. Contributions to the running costs of the Boat are then distributed to the Provider less administration fees.
6.2. Providers acknowledge, agree and warrant that:
(a) their Boat trips and experiences are recreational in nature and only require a Recreational Boat Licence to operate.
(b) their Boats are safe, and that they hold all necessary permits and licenses, and are in compliance with all relevant regulations.
(c) the vessel will be operated by the Provder only at all times.
(d) No fish caught on recreational trips are sold.
6.3. Providers acknowledge and agree that they are solely responsible for any insurance(s) that may be necessary when sharing experiences or trips on their recreational Boats. Providers are advised to consult their insurance providers.
6.4. Providers acknowledge that they are using the Service to only obtain contributions towards running costs of their Boat when they share experiences or trips and will not use the Services for any commercial or business purposes. Providers should obtain independent advice regarding any taxes that may or may not apply.
7. Payment and Fees
7.1. By Boatigo offering the Services to you, you agree that:
(a) As a Provider, you will pay to Boatigo a processing fee of 10% of the contribution costs received from Receivers or $5 (whichever is greater) per engagement with a Receiver.
(b) As a Receiver, you will pay to Boatigo a booking fee of 10% of the contribution costs paid to a Provider or $5 (whichever is greater) per engagement with a Provider .
7.2. All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on Stripe's website.
8. Cancellation and Refund Policy
Members of the Website agree that they will comply with the following terms when arranging a trip or experience (‘Booking’):
8.1. The Receiver may, up until 48hrs prior to their Booking commencement time, cancel their booking for any reason and receive a full refund.
8.2. The Provider may, up until 48hrs prior to their Booking commencement time, cancel the trip for any reason without recourse.
8.3. Should the Receiver cancel the booking less than 48hrs before the Booking commencement time, the Receiver will not be entitled to a refund.
8.4. Should the Provider cancel the booking less than 48hrs before the Booking commencement time, for reasons other than inclement weather, the Receiver will be entitled to a full refund.
8.5. Should the trip be cancelled due to inclement weather, the Receiver may be entitled to a full refund. Cancellations due to inclement weather will be cross-checked by all parties and be confirmed by Boatigo (which may use third parties in its discretion). Boatigo reserves the final judgment in the refunding of fees due to inclement weather. Boatigo's decision will be final.
8.6. The Provider is only required to wait until the Booking commencement time in the listing or the commencement time agreed upon using Boatigo's inbuilt messaging system. If the Receiver has not arrived after this time, the trip may commence without the Receiver and no refund will payable to the Receiver.
8.7. Should a Provider or Receiver not comply with the Community Standards, there may be consequences such as:
8.7.1 A trip may be cancelled or fully refunded at the discretion of Boatigo Pty Ltd
8.7.2 Offending member(s) may be banned from using the services
9. Copyright and Intellectual Property
9.1. The Website, the Services and all of the related products of Boatigo are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Boatigo or its contributors.
9.2. All trademarks, service marks and trade names are owned, registered and/or licenced by Boatigo, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
9.3. Boatigo does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Boatigo.
9.4. Boatigo retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
9.5. You may not, without the prior written permission of Boatigo and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
9.6. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to Boatigo a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
11. General Disclaimer
11.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
11.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Boatigo will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
11.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Boatigo make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Boatigo) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Boatigo; and
(d) the Services or operation in respect to links which are provided for your convenience.
11.4. You acknowledge that Boatigo Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and Boatigo holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
12. Limitation of Liability
12.1. Boatigo's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
12.2. You expressly understand and agree that Boatigo, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
12.3. You acknowledge and agree that Boatigo holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
13. Termination of Contract
13.1. If you want to terminate the Terms, you may do so by providing Boatigo with notice of your intention to terminate by sending notice of your intention to terminate to Boatigo via the 'Contact Us' link on our homepage.
13.2. Boatigo may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Boatigo is required to do so by law;
(c) Boatigo is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(d) the provision of the Services to you by Boatigo is, in the opinion of Boatigo, no longer commercially viable.
13.3. Subject to local applicable laws, Boatigo reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Boatigo's name or reputation or violates the rights of those of another party.
13.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Boatigo have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
14.1. You agree to indemnify Boatigo, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with services provided on through the website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
15. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
1.1. Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
1.2. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
1.3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
1.4. The mediation will be held in Perth, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
15.5. Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
16. Venue and Jurisdiction
The Services offered by Boatigo is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.
17. Governing Law
The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.