Terms and Conditions
Welcome to Enaviga, operated by Enaviga SPRL, VAT Number: BE0677774038, Rue Gachard 9, Brussels, Belgium("Enaviga," "we," or "our").
This Agreement is subject to change by Enaviga at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following Enaviga’s posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and the Service. This Agreement may be modified by Enaviga from time to time, such modifications to be effective upon posting by Enaviga on the Websites. By accessing and/or using the Websites or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
1. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
2. Eligibility. You must be at least thirteen (13) years of age. By using the Websites, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. Commercial Use of Service. If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
Illegal and/or unauthorized uses of the Websites include, but are not limited to, browsing or downloading illegal content, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Websites in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites, and using the Websites in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Websites may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Websites and Service is with the permission of Enaviga, which may be revoked at any time, for any reason, in Enaviga’s sole discretion.
4. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Enaviga of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Enaviga will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your Enaviga account.
5. Your Use of the Websitesa. You may not browse or download illegal content.
any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Enaviga’s sole and reasonable discretion;any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; orany Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Enaviga’s sole and reasonable opinion;any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Websites or servers or networks forming part of, or connected to, the Websites, or which does or might restrict or inhibit any other user's use and enjoyment of the Websites; orany unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
6. Term. This Agreement will remain in full force and effect while you use the Websites and/or Service. You may terminate your membership at any contacting us at email@example.com. If you resign or cancel your membership to Enaviga, to help Enaviga analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. Enaviga may terminate your membership for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Enaviga. If Enaviga terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any compensation fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Enaviga. Enaviga is not required to provide you notice prior to terminating your membership. Enaviga is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
7. Payment. For payments, credit card usage and usage of electronic money on our Website, we refer to our Payment Provider and partner and their terms of service.
If a specific Guest determines to rent a Boat or any other listed craft from a Partner via the Website, the Guest agrees and acknowledges that he shall be required to pay the Full Booking Amount as stated in the Partner’s Listing on the Website. Such payment is obligatory only in case the Partner approves the booking request for the particular booking.Partners have to either accept or reject a Member booking request.
When the Partner accepts the Guest ‘s Booking request, and a booking confirmation is sent to the Partner, the Payment Provider shall instantly collect a payment from a particular Guest equal to the Full Booking Amount stated next to the Partner’s listed craft on the Website. As mentioned above, The Service Provider will notify the Partner once a Guest has successfully completed the payment. Enaviga shall forward the payment, minus the Service Fee and any other expenses that might accrue to the bank account of each Partner (as this will be apprise by each Partner to the Service Providers).
You hereby, as a Guest, authorize and approve that your credit card shall be debited (via Payment Provider according to Payment Provider's terms and condition) of the sum of the Full Booking Amount upon confirmation of the Booking by the Partner. A Guest can also pay via bank transfer but only with a check-in date further than 14 days from the booking date. If bank transfer is the chosen payment method, then the Guest has to pay to the bank account stated on the confirmation Booking Request Email. Payment by wire transfer must take place within 2 Business Days.The payment shall be taken by a debit of the Full Booking Amount from one of the acceptable payment methods listed on the Website. Such payment shall be taken in the currency which would be permitted by the Payment Provider and set by the particular Partner. You agree, as a Guest, to pay all fees and charges included in the Charter’s booking confirmation.
In the case that a refund is owed, due to cancelation or otherwise, a refund shall be made through the payment method that was used to pay for the booking. Refunds shall be processed within 14 days of the refund being required.
8. How the Service Works. Boat owners (the “Owners”, or “Partner” ) can use the Service to list boats in Enaviga’s database and to connect with individuals who wish to rent a boat for a period of time (the “Renter”, or “Guest”), and vice-versa. The Service works as follows:An Owner will post an advertisement letting potential Renters know:
i. The specifications and features of Owner’s boat (including, without limitation, the boat’s mileage, accommodations, maximum capacity, all technical specifications, and any other information that would assist Renters in making a reasonably informed decision);
ii. The availability period(s) of the boat;
iii. The price of rental and the unit of time which the payment covers (e.g., hourly, daily, weekly, etc).
iv. Any other information which would assist Renter in making a reasonably informed decision.Potential Renters may respond to Owner’s advertisement indicating their interesting in renting Owner’s boat. Owner may accept or decline the booking request sent by any Renter for any reason; provided, however, that Owner may not reject an offer for a reason contrary to law.Once Owner and Renter have agreed upon the terms of the rental, Owner will collect payment on the Service in accordance with this Agreement. The Parties should also execute a rental agreement setting forth the terms under which the Owner’s boat will be rented.
9. Your Representations. By using the Websites and/or the Service, you agree to the following:As set forth in Section 10, Enaviga provides a marketplace through which Owners can connect with Renters for the purpose of renting a boat, or any other floating craft, for a set period of time.By entering into an agreement with a Renter (if you are an Owner renting your boat) or an Owner (if you are a Renter attempting to book at boat for a set period of time), you are entering into a legal and binding contract with the other User. You acknowledge and agree that Owners will have the ability to set the price at which a boat can be rented, and that such price shall be determined in the Owner’s sole discretion (subject to all applicable laws). Enaviga does not have control over the prices set by Owners, and cannot negotiate or reduce a price on your behalf. Enaviga acts merely as a marketplace provider, transmitting the details of the proposed agreement between a Renter and Owner and sending confirmation emails to each User once the agreement has been finalized. It is the Owner’s sole responsibility to:
i. update all prices on the Service in a timely manner;
ii. ensure that all information listed on the Service is accurate and up-to-date;
iv. obtain a signed and legally binding agreement from Renter setting forth the specific terms under which Owner’s boat shall be rented;
v. ensure that the performance provisions of the agreement between the Users is upheld, including ensuring that the boat is provided during the time frame specified, is provided in the condition warranted by Owner and/or acceptable to Renter, and is furnished in accordance with Owner’s representations; and
vi. Make a good-faith effort, in concert with Renter, to resolve any dispute between the Users.It is the Renter’s sole responsibility to:
i. make complete and timely payments to Owner;
ii. Obtain a signed and legally binding agreement from Owner setting forth the specific terms under which Renter shall rent Owner’s boat;
iv. Maintain the boat in the same condition in which it was delivered to Renter, and make or pay for any necessary repairs due to Renter’s use of the boat;
v. Return the boat at the time and in the condition agreed upon between the Users; and
vi. Make a good-faith effort, in concert with Owner, to resolve any dispute between the Users.In the event that a User decides to cancel an agreement with another User, it is the Users’ responsibility to arrange the cancellation and/or any refund that will be issued to the Renter. Enaviga[a] is unable to arrange, negotiate, or coordinate a cancellation and/or refund.
10. Enaviga is a Marketplace; Limitation of Liability. Enaviga acts as a marketplace to connect Owners with Renters (each, a “User” and collectively, the “Users”). It is up to you whether you want to connect with a certain User, and you alone bear the risk of any communication, meeting, or other connection with a User. You acknowledge and agree that Enaviga is not a party to any communication, meeting or agreement between you and another User, and that we are not liable to you for any loss incurred as the result of a User’s acts or omissions, including without limitation fraud, failure to communicate, conversion, physical injury, mental distress, breach of contract, negligence, and intellectual property violations.
You acknowledge and agree that Enaviga does not necessarily have control over the quality, safety, morality or legality of any User or any service(s) they offer you, the truth or accuracy of any User statements, or the ability of Users to fulfill their obligations under an agreement with you. Enaviga cannot ensure that a User will actually complete a transaction or follow through on their promises.
Enaviga cannot guarantee the true identity, age, and nationality of a User. Enaviga encourages you to communicate directly with Users through the tools available on the application.
Enaviga is not responsible for a either User’s failure to comply with the conditions set forth above, and we cannot negotiate or resolve a dispute between Users. In the event that you cannot resolve a dispute with a User, after having made a good-faith attempt as set forth in this Agreement, email us at firstname.lastname@example.org and we will make our best efforts to investigate the issue and take any action that we believe, in our sole discretion, is warranted, including without limitation suspending or terminating a User’s account or reporting any illegal activity to authorities, where applicable.
Enaviga does not make any representation or warranty about the quality of any boat, accuracy of any User’s representations on the Service or otherwise, the ability of any User to adhere to its representations and/or warranties, or any other statement concerning any agreement between Users on the Service. Enaviga does not confirm the accuracy of any information posted on the Service by its Users; it is your sole responsibility to verify any information before entering into an agreement with another User on the Service.
11. You Bear Risk of Upload. Enaviga uses reasonable security measures in order to attempt to protect any content or information that you upload, including without limitation any information, photographs or other images, or intellectual property (collectively, “Your Content”). However, Enaviga cannot guarantee that there will be no unauthorized copying or distribution of Your Content nor will Enaviga be liable for any copying or usage of Your Content not authorized by Enaviga. You hereby release and forever waive any claims you may have against Enaviga for any such unauthorized copying or usage of Your Content, under any theory of liability. THE SECURITY MEASURES TO PROTECT YOUR CONTENT USED BY ENAVIGA HEREIN ARE PROVIDED AND USED "AS-IS" AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
12. Modifications to Service. Enaviga reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Enaviga shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.13. Blocking of IP Addresses. In order to protect the integrity of the Services, Enaviga reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites.14. Content on Enaviga. Enaviga retains all proprietary rights in the Websites and the Service. The Websites contains the copyrighted material, trademarks, and other proprietary information of Enaviga, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on Enaviga is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of Enaviga and for Enaviga Members' use only. Distribution of Content to others is strictly prohibited. You agree that Enaviga would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Enaviga shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
15. Restrictions on Use of Materials. You acknowledge that Enaviga contains images, text, and other content (collectively, "Content") that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under copyright laws of Spain and the United States (and, if applicable, similar foreign laws), and Enaviga owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Websites are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.16. Liability for Content. Enaviga and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Websites by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Websites. By using the Websites, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Enaviga or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
17. Ownership of Your Content; Licenses. You agree that any content you upload to the App and/or the Service (“Your Content”) shall become the property of Enaviga. This shall have no effect on Sections 18 (Copyright Policy), 20 (Limitation of Liability), and 21 (Indemnity by You) of this Agreement.
However, with respect to Your Content, Enaviga grants you a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, and publicly display such content, except with regard to commercial or for-profit use.
18. Copyright Policy. Enaviga prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
For any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
Axis Digital International S.R.L,
Carrer Arago 230, 3, 08007
Barcelona, Spain 90066
When contacting us, please make sure that you include the following information:
a. a statement that you have identified Content on Enaviga that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
b. a description of the copyright work(s) that you claim have been infringed;
c. a description of the Content that you claim is infringing and the Enaviga URL(s) where such Content can be located;
d. your full name, address and telephone number, a valid email address on which you can be contacted, and your Enaviga user name if you have one;
e. a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
g. with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
h. your electronic or physical signature (which may be a scanned copy).
Enaviga will process any notice of alleged infringement which it receives and will take appropriate action as required any applicable copyright law. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
22. Unsolicited Ideas and Feedback. Users sometimes submit ideas or suggestions for the Websites and/or Service (collectively, the "Feedback"). You acknowledge and agree that we do not solicit such Feedback and that we are not under any obligation to review or consider such Feedback. Furthermore, by submitting Feedback to us, you acknowledge and agree that, regardless of any information you provide along with such Feedback:
a. your Feedback and any contents attached thereto will automatically become the property of Enaviga without any compensation paid to you in exchange therefor;
b. Enaviga may use or redistribute any Feedback and any contents attached thereto for any purpose and in any way;
c. Enaviga has no obligation to review any Feedback; and
d. Enaviga has obligation to keep any Feedback confidential.