YOUR RELATIONSHIP WITH GOTOTHEWATER
You accept the Terms by: (i) clicking to accept or agree to the Terms and Conditions, where this option is made available to you by Gotothewater in the user interface for any Service; or, (ii) by actually using the Services. In the case of (ii), you understand and agree that Gotothewater treats your use of the Services as acceptance of the Terms from that point onward.
Gotothewater reserves the right, at its discretion, to change, modify, add or remove any of the Terms, in whole or in part, at any time. Please check this Website and the Terms periodically for changes. Your use of the Services after such modified Terms are posted will mean that you accept such Terms.
GOTOTHEWATER IS A VENUE AND IS NOT A PARTY TO ANY RENTAL AGREEMENT OR OTHER TRANSACTION BETWEEN USERS OF THE WEBSITE
Gotothewater is Only a Venue. Gotothewater acts as a venue for users of the Website as renters (“Renters”) and boat owners (“Members”) (Members and Renters, each a “User” and together, “Users”) to view and post available boats to facilitate the rental of such boats. Gotothewater is not a party to any actual agreement or transaction between Renters and Members even though we may from time to time provide tools that relate to a booking, such as a tool to enable a Renter to enter into a transaction to rent a specific boat directly from a Member and payment services to facilitate the booking. As a result, Gotothewater has no control over the accuracy or correctness of the content or information provided or used by such Renters and Members. Any part of an actual or potential transaction between a Renter and a Member, including the condition, quality, safety or legality of the boats advertised, the truth or accuracy of the listings (including the content thereof or any review related thereto), the ability of Members to rent a boat to a Renter, or the ability of Renters to pay for or operate boat rentals are solely the responsibility of each User. Member acknowledges and agrees that Member is solely responsible for the compliance and safety of the Renter(s) who rent Member’s boat(s).
You acknowledge and agree to take all reasonable precautions in ensuring the accuracy and reliability of any User generated content. We are also not responsible for the condition of any boats listed on the Website or the compliance with laws, rules or regulations that may be applicable to boat operation, maintenance, rental or charter in any jurisdiction. As between Gotothewater and Members, Member acknowledges and agrees that Member is solely responsible for ensuring compliance with laws, rules or regulations that may be applicable to boat operation, maintenance, rental or charter in the jurisdiction in which Member operates or is otherwise located. Renters should satisfy themselves that any boat rented complies with any legal or safety requirements for such rental, and Renters and Members have exclusive responsibility for such compliance.
Users acknowledge and agree that you will be required to enter into a separate agreement and/or waiver, directly between the Renter and Member, prior to making a booking or purchasing a product or service and such agreement and/or waiver may place additional restrictions on your booking, product, or service. Any separate agreements and/or waivers relating to the rental of a boat or related products or services are under the sole control of any Member or provider and Renter.
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 GOTOTHEWATER AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “GOTHEWATER 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 GOTOTHEWATER 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.
Gotothewater is not a party to any contract for insurance facilitated through any link to a third party insurance provider advertising on the Website, and is not acting on behalf of any insurer, any broker or agent, any insured or any claimant in any contract for insurance facilitated through such link. Insurance coverage may be provided through a third-party independent insurance producer not affiliated with Gotothewater. Gotothewater does not act as a broker, agent or consultant in the sale of insurance, is not endorsing or recommending any particular insurer or terms of coverage, and is merely providing a link for you, if you wish, to transact a contract for insurance with a third-party provider. Any contract for insurance is solely between you, as the insured, and such insurer as you and the third-party insurance provider agree shall act as the insurer. Gotothewater has no control over and makes no representations regarding the coverage of any insurance you may purchase from a third-party insurance provider. You acknowledge and agree that Gotothewater assumes no responsibility or liability for any claims or disputes arising from, or related to, a contract for insurance facilitated through such link. You also acknowledge and agree that Gotothewater shall not be included as a party to any such claims or disputes.
YOUR USE OF SERVICES
Conditions of Use. As a condition of your use of the Services, you expressly represent and warrant that
- If you will be operating a boat, you are responsible for ensuring that you are sufficiency skilled in the operation of the boat and legally authorized to operate a boat in the state in which you are renting and you will not allow any other occupants of the boat to operate the boat unless they are each of sufficient skill and legally authorized to operate a boat in the according to the local government of the area in which you are renting.
- You possess the legal authority to create a binding legal obligation.
- You will use this Website in accordance with the Terms.
- You will only use this Website to post or view, as applicable, available boat rentals or transact legitimate boat rentals for you or for another person for whom you are legally authorized to act with other Users.
- You will inform such other persons about the terms and conditions that apply to the boat rental you have made on their behalf, including all laws, regulations, rules and restrictions applicable thereto
- If you are booking a rental on behalf of another person, you are individually responsible for ensuring that such other person is a party to the separate agreement for the rental of the boat
- All information supplied by you to Gotothewater is true, accurate, current and complete
- If you have a Gotothewater account, you will safeguard your account information
- You are and will remain in compliance with all applicable laws, rules and regulations related to boat operation, maintenance, rental or charter, and
- If you are listing a boat for rental, you are either (a) the owner of the boat, or (b) a representative authorized to act on behalf of the owner of the boat. You may not authorize others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Services. Without limiting the foregoing, the Services are not available to children (persons under the age of 18). By using the Services, you represent and warrant that you are at least 18 years old. Gotothewater retains the right at its sole discretion to deny access to the Services to anyone at any time and for any reason, including, but not limited to, for violation of the Terms.
YOU AGREE THAT YOU WILL ONLY USE THE SERVICES FOR LAWFUL PURPOSES
Please keep in mind that we will treat anyone who uses your user name and password as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of the person using your password. Therefore, we recommend that you maintain your user name and password in confidence, and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to the Services. We also ask that you notify us immediately if you suspect that someone is using your user name and/or password or otherwise obtaining access to the Services in this or any other inappropriate manner.
ESTABLISHING PAYMENT ACCOUNT
As a Renter, you are responsible for opening an account, providing payment authorizations for bookings and paying for Services according to these Terms, as well as others which may be included at the time of booking. You agree to provide all requested information, including a credit card to be used for pre-authorization/reserve and payment/capture for Services. Payment for a booking will be made by Gotothewater directly to the Member who posted the listing.
Renters are responsible for leaving the rented boat in the same condition it was in before you rented it. Renters acknowledge and agree that you are responsible for all acts and omissions of you and your guests on the boat that effect the condition of the boat. In the event a Member claims and provides evidence of damage to the boat, you agree that Gotothewater shall be entitled to charge a deposit to your credit card to cover the cost of the damage, as established after reasonable investigation. We will notify you of any damage claim made by a Member related to your rental and you will have an opportunity to respond, as set forth in such notice.
How does Gotothewater handle security deposits?
- Security deposits can be required either by gotothewater or by boat owner. gotothewater security deposit requests are based on boat features and/or the timing of a boat reservation, and are never requested based on anyone’s race, national origin, ethnicity, sex, gender identity, or age.
Gotothewater- required security deposits
48 hours before your rental begins, an authorisation hold for the security deposit amount will be placed on your payment method. You won’t be charged, but the hold means that you won’t be able to access these funds until the hold is released. For example, if you’re paying with a credit card with a total credit limit of $6,000 and there’s a security deposit of $500, your credit card limit would then be $5,500 until the hold is released.
As long as no boat damage occurs during your rental, we’ll initiate a release of the $500 hold placed on your card 14 days after your checkout.
Your bank may take 3–12 business days to process the release of funds. If it turns out that we can’t authorize the hold for the security deposit amount, you’ll be notified by email and will have 12 hours to try another payment method. If that doesn’t work out, we’ll cancel your reservation and you’ll be refunded.
Try to make sure your payment method has enough money available to cover the security deposit. (If you’re not able to do that, gototheester is not responsible for any associated fees, including overdraft fees.)
We will only charge a deposit to Renter’s credit card after the rental is complete if the Member has made a claim and the deposit amount has been deemed appropriate after investigation of the claim.
Boat owner-required security deposits
Some boat owners require a security deposit for their listing. The amount, between $100 and $5,000, is set by the boat owner, not by Gotothewater. If you’re a guest and you’re booking a listing with a boat owner-required security deposit, you’ll be shown this amount before you make your reservation.
Boat owner-required security deposits are different with Gotothewater required security deposits in that no authorization hold will be placed. Renters will only be charged if a boat owner requests to collect on their security deposit. Depending on what has been damaged, the amount the boat owner requests may or may not be the same as the security deposit.
If and when a boat owner makes a request to collect on their security deposit before requiring a security deposit, boat owner should understand that not all boat damage caused by guests is supposed to be under security deposit. Exclusions may include general cleaning, ordinary wear and tear, and non-physical damages like smoking fines and broken boat Rules.
We charge a service fee of 12.5% 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. We reserve the right to round up amounts to the nearest whole dollar (for example, $202.60 will be rounded to $203). We will process any necessary currency conversion (Gotothewater charges in US 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.” Gotothewater 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).
PAYMENTS TO MEMBERS
Payment to Members for accepted bookings will be made as soon as Renter checks in. Notwithstanding, in limited circumstances, on a case-by-case basis, in its sole discretion, Gotothewater may elect to pay a Member a portion of the accepted booking after the reservation is made and the remaining portion of the accepted booking will be paid as soon as the renter checks in.
If a Member does not respond to a booking inquiry, Gotothewater reserves the right to transfer the booking and associated payment to another Member on Renter’s behalf. Gotothewater reserves the right to hold payment to Members if Gotothewater suspects there has been fraud or other suspicious activity in connection with the rental or payment. Unacceptable payment methods that may be posted on the Website may result in the immediate removal of the non-conforming listing from the Website without notice to the Member and without refund. Unacceptable payment methods are those methods that may pose a risk of fraud, identify theft, or breach of privacy.
SUBSTITUTION OF RENTAL UNITS
Renter understands and acknowledges that boats/other water craft reserved may, from time to time, be subsequently damaged or otherwise become in need of repair before the reservation is commenced. If a Member is unable to provide the reserved unit to Renter due to it being unavailable, Member may provide Renter with a substitute unit that is similar in age, size, model, and value as the reserved boat/other water craft. Member shall provide Renter with notice of the need for a substitution of unit(s) as soon as reasonably possible, as well as provide Renter with pictures and a description of the substitute unit upon request. If Member is unable to provide Renter with a similar substitute unit (as described herein), Renter may elect to cancel the reservation any time before it is commenced and, as its sole remedy, obtain a refund in accordance with the Refund Policy as if the Member had cancelled the reservation. Renter shall not be entitled to any refund, and shall be obligated to pay all sums owed, if Member offers Renter a similar unit (as described herein) and Renter nevertheless refuses to complete and/or terminates the reservation. If there is a dispute between Renter and Member as to whether the substitute unit offered by Member is sufficiently similar to the unit reserved by Renter, Gotothewater shall make the final determination, in its sole discretion, and Renter and Member agree to abide by Gotothewater’s determination.
- ANY DIRECT OR INDIRECT EXCHANGE OF MONEY BETWEEN RENTERS AND MEMBERS OTHER THAN PAYMENT THROUGH GOTOTHEWATER WEBSITE IS A VIOLATION OF THESE TERMS.
The rental/booking fee and any additional expenses may be subject to applicable local, federal and state taxes. The Member accepting the booking is solely responsible for the collection, reporting, and payment of applicable taxes. Gotothewater may charge applicable taxes to Renter’s credit card solely at the direction of the Member. Members are solely responsible for determining applicable taxes and should consult with your own legal/tax adviser about any tax questions in this regard. For Members based in the European Union, it is your responsibility to include VAT in the price of the booking and you will be responsible for reporting VAT.
CANCELLATION AND REFUND POLICY
If Member cancels an accepted rental before the rental is commenced, Renter shall be refunded all sums paid to Gotothewater for the rental, other than the Transaction Fee.
If Renter cancels an accepted rental before the rental is commenced, Gotothewater shall return to Renter a “Cancellation Refund,” as specified below. The Transaction Fee will not be refunded to Renter under any circumstances. The amount of the Cancellation Refund is determined by the Member’s cancellation policy set-forth in the Renter’s separate rental agreement with the Member, which shall be one of the following three policies, as chosen by the Member:
- 100% of the rental price if cancelled more than 24 hours prior to commencement of the rental; and
- 50% of the rental price if cancelled within 24 hours of commencement of the rental.
- 100% of the rental price if cancelled more than 7 days prior to commencement of the rental;
- 75% of the rental price if cancelled less than 7 days but more than 48 hours prior to commencement of the rental; and
- 50% of the rental price if cancelled less than 48 hours but more 24 hours prior to commencement of the rental.
- 75% of the rental price if cancelled more than 7 days prior to commencement of the rental;
- 50% of the rental price if cancelled less than 7 days but more than 48 hours prior to commencement of the rental; and
- 25% of the rental price if cancelled less than 48 hours but more 24 hours prior to commencement of the rental.
If, for any reason, the Renter’s separate rental agreement with the Member
(a) Does not contain a cancellation policy or
(b) The cancellation policy therein differs from the foregoing cancellation policy options, then the amount of the Cancellation Refund will be determined in accordance with the “Strict” cancellation policy set-forth above. Renters are further subject to any additional cancellation terms set forth in the terms of each listing. To the extent the cancellation terms of a particular listing conflicts with the cancellation terms set forth herein, the cancellation terms set forth herein control.
Transaction Fees will never be refunded. Gotothewater will charge a fee for any reservation that is cancelled after both parties have agreed on a booking. The following is a breakdown of cancellation fees based on the total price of rental: Under $100 fee is $5 over $100 but below $250 fee is $20 over $250 fee is $50
The Member will be debited the cancellation fees on the next rental that is successfully completed through Gotothewater. Renters are subject to the cancellation terms set forth in the terms of each listing. Additionally, if a Member cancels a rental for any reason other than weather or another circumstance effecting the safety of the Renter, such Member (rather than the Renter) will be charged the Transaction Fee for the rental, as set forth above.
Member understands and acknowledges that Gotothewater acts merely as a conduit for reservations and payments between Renters and Members, and Member assumes all rental payment risk. IF A RENTER OBTAINS A CREDIT CARD CHARGEBACK AGAINST GOTOTHEWATER, FOR ANY REASON, AND GOTOTHEWATER HAS ALREADY PAID ALL OR A PORTION OF SUCH AMOUNT TO MEMBER, THEN MEMBER SHALL IMMEDIATELY (WITHIN FIVE (5) DAYS UPON RECEIVING WRITTEN DEMAND FOR SAME) RETURN TO GOTOTHEWATER ALL SUCH AMOUNTS.
USE OF WEBSITE
The content and information on Gotothewater’s Website (this “Website”) (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, is proprietary to Gotothewater, its licensors, its suppliers and providers. While you may make limited copies of your booking documents (and related documents) for boat rentals booked through this Website, you agree not to and you have no right to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, content, products, or services obtained from or through this Website. Additionally, 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 Gotothewater’s discretion, an unreasonable or disproportionately large load on Gotothewater’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.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH GOTOTHEWATER AND OTHER PARTIES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Gotothewater and any other related party on an individual basis in arbitration, as set forth below. This will preclude you from bringing any class, collective, or representative action against Gotothewater, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Gotothewater by someone else.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by emailing [email protected] and saying “I opt out of arbitration” in the email within 30 days of first signing up to your account.
You and Gotothewater agree that any dispute, claim or controversy arising out of or relating to this agreement whether between you and Gotothewater or between you and other Users, or the existence, breach, termination, enforcement, interpretation or validity thereof, (including the validity of this arbitration clause) shall be settled by binding arbitration administered by Fair Claims (www.FairClaims.com) and not in a court of law, in accordance with its Arbitration Rules & Procedures effective at the time a claim is made. You further agree that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
You consent to electronic service of process, with service to be made to the email address we have on record for your account.
You acknowledge and agree that you and Gotothewater are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Gotothewater otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Gotothewater each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
You agree that any and all communications and evidence related to any dispute ultimately resolved by arbitration or mediation with Fair Claims arising out of or relating to this agreement shall be held and will remain confidential, and that you will not take any action that will harm the reputation of any of the other parties to the arbitration or mediation or Gotothewater or which would reasonably be expected to lead to unwanted or unfavorable publicity to and of the parties, Gotothewater or other entities involved in or incidental to the arbitration or mediation. You understand that those parties and entities include but are not limited to the claimant, respondent, witnesses, and Gotothewater.
You agree that, in the event of confirmation and enforcement, the delinquent party to the arbitration will be responsible for any attorney, court or other fees associated with such action.
Notwithstanding any choice of law or other provision in this agreement parties agree and acknowledge that this arbitration clause evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and Fair Claims Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and Fair Claims Rules are found to not apply to any issue that arises under this arbitration clause or the enforcement thereof, then that issue shall be resolved under the laws of the United republic Of Tanzania.
User verification on the Internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of each Renter or Member’s purported identity. Notwithstanding the foregoing, you agree that you will provide us or the Member with whom you book a rental whatever proof of identity we may reasonably request.
You agree to (i) keep your password and online ID for both your Gotothewater account and your email account secure and strictly confidential, (ii) notify us immediately and select a new online ID and password if you believe your password for either your Gotothewater account or your email account may have become known to an unauthorized person, and (iii) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password for your Gotothewater account and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your Gotothewater account or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
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 GOTOTHEWATER 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 GOTOTHEWATER 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.
GOTOTHEWATER, 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.
LIMITATION OF LIABILITY
IN NO EVENT WILL GOTOTHEWATER ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES OR AFFILIATES BE LIABLE TO RENTERS, MEMBERS, OR ANY PARTY FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE, DAMAGES ARISING OUT OF THE USE, AVAILABILITY OR UNAVAILABILITY OF THE SERVICES (INCLUDING BUT NOT LIMITED TO THE UNAVAILABILITY OR CHANGE IN ADVERTISED AND/OR PURCHASED BOAT RENTALS) OR ANY OTHER SERVICES OR GOODS OBTAINED THROUGH USE OF ANY OF THE FOREGOING, OR ANY DATA TRANSMITTED THROUGH THE SERVICE, EVEN IF GOTOTHEWATER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
- ANY CHANGES WHICH GOTOTHEWATER MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- YOUR FAILURE TO PROVIDE GOTOTHEWATER WITH ACCURATE ACCOUNT INFORMATION;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
- ANY BODILY INJURY, DEATH, OR PROPERTY DAMAGE THAT MAY OCCUR AS THE RESULT OF A BOATING RELATED ACCIDENT, THE RESERVATION FOR WHICH WAS FACILITATED USING GOTOTHEWATER’S SERVICES. YOU AGREE THAT GOTOTHEWATER IS NOT A PARTY TO ANY CONTRACT OR AGREEMENT FOR BOAT RENTALS AND IS IN NO WAY RESPONSIBLE FOR INJURIES TO PERSONS OR DAMAGE TO PROPERTY WHICH MAY OCCUR DURING OR RELATED TO A BOAT RENTAL WHETHER AS A RESULT OF THE NEGLIGENCE OF ANY RENTER, BOAT OPERATOR, OR MEMBER, OR THE SAFETY OF ANY BOAT OR FOR ANY OTHER REASON. YOU ACKNOWLEDGE AND AGREE THAT GOTOTHEWATER SHALL HAVE NO LIABILITY RELATED TO YOUR BOOKING AND RENTAL OF A BOAT, AND ANY SUCH BOOKING AND/OR RENTAL IS MADE AT THE RENTER’S AND MEMBER’S SOLE RISK.
Notwithstanding the Terms, if Gotothewater is held liable, Gotothewater ‘s entire aggregate liability under or arising out of these Terms or the Services shall be limited to the greater of (a) the service fees you paid to Gotothewater in connection with your use of this Website (if any), or (b) One-Hundred Dollars (US$100.00). Some jurisdictions do not allow the exclusion or limitation of certain damages, so in these jurisdictions the above limitations or exclusions may not apply.
RELEASE AND INDEMNIFICATION
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 GOTOTHEWATER AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “GOTOTHEWATER 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 GOTOTHEWATER 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.
The Services contain proprietary materials such as logos, text, software, photos, video, graphics, music and sound. Gotothewater is the owner or licensee of all such proprietary material and all intellectual property rights therein, including without limitation, copyrights and trademarks. In using the Services, you agree not to upload, download, distribute, or reproduce in any way any such proprietary materials without obtaining Gotothewater’s prior consent, except you may make limited copies of your booking documents (and related documents) for boat rentals booked through this Website
UNSOLICITED IDEAS AND FEEDBACK
From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We do not solicit such ideas or suggestions and are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“submissions”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions.
If you provide any submissions to us, you agree that:
- We may use or redistribute any such submission and its contents for any purpose and in any way without any compensation to you
- There is no obligation for us to review any submission
- There is no obligation to keep any submission confidential.
NO SPAM, SPYWARE, OR 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.
LINKS TO THIRD-PARTY WEBSITES
The Services may contain links to other websites operated by parties other than Gotothewater (“Third-Party Websites”). Gotothewater’s links to such other Third-Party Websites is for informational purposes only and does not imply any endorsement of the products, services or material on such Third-Party Websites or any association with their sponsors or operators. You access any Third-Party Websites at your own risk. We are not responsible in any way for such Third-Party Websites or resources. We will not have any liability as a result of your use of such Third-Party Websites and resources, and your use of such sites and resources will not be governed by these Terms.
General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
This Agreement, the Terms, the Services and any modifications thereto may not be assigned or in any way transferred by you without the prior written consent of Gotothewater, Gotothewater may assign this Agreement, the Terms, and any information you provide without your consent, including, without limitation, in connection with a sale of its business, assets, a merger or other similar transaction.
The terms of this Agreement shall be construed in accordance with the substantive laws of United Republic of Tanzania, without giving effect to the principles of conflict or choice of law of such state. The original form of this Agreement has been written in English. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum or might require this Agreement to be written in any language other than English. This Agreement expressly excludes the United Nations Convention on Contracts for the International Sale of Goods.
CHOICE OF FORUM AND VENUE
You hereby consent to the exclusive jurisdiction and venue of courts in Dar Es Salaam, Tanzania, in all disputes arising out of the Terms or relating to the use of the Service.
NO RESPONSIBILITY FOR ACTS OF GOD
Gotothewater shall not be liable for any delay or failure to perform in connection with any booking, Service or in the performance of any obligation hereunder, if such delay or failure is due to or in any manner caused by acts of God, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, fires, floods, laws, regulations, acts, demands or and orders of any government or agency, seizure of the boat under legal process, adverse weather conditions, inability to obtain fuel, boat damage or loss, lack of essential parts or supplies, mechanical problems, illness or incapacitation of crew members, denial of operating or docking approvals, clearances or permits by governmental authority, or any other cause which is beyond the control of Gotothewater, Gotothewater is hereby released by a User from any claim or demand for any direct or consequential damages arising out of failure to perform as a result of a force majeure event whether or not herein enumerated or other event referenced above.
If any provision of the Terms is found to be invalid, illegal or unenforceable by any court having competent jurisdiction, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and the remaining valid, legal, and enforceable provisions will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal, or unenforceable provision.
No waiver of any of the Terms shall be deemed a waiver of any other such Terms set forth herein.
The Terms constitute the entire agreement between you and Gotothewater with respect to the subject matter covered herein, including use of the Services and any subject matter therein, and supersede all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.
Gotothewater may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate User’s use of all or any portion of the Services if you breach the Terms, or at any time or for any reason, at the sole discretion of Gotothewater.
Gotothewater does not recommend one Member over another and does not provide advice to users regarding which Member to select for the rentals. All comments or reviews posted by Gotothewater users, Renters, or Members on our Website do not represent the views of Gotothewater in any way and are not endorsed by Gotothewater absent a specific written statement to the contrary.
You agree that no joint venture, partnership, agency or employment relationship exists between you and Gotothewater as a result of this Agreement or use of this Website.
NOTICE OF CLAIM
You agree that all disputes arising out of the Terms or the use of Gotothewater’s Services shall be communicated to Gotothewater 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 Gotothewater not communicated as provided by this Section.
Any rights not expressly granted herein are reserved by Gotothewater.