Terms and Condition
Boat Market (“we”, “us”, or “our” in the following content) is a website that provides a platform for connecting users, who list vessels to sell, service providers, who provide service to guests (include but not limited to vessel owners) and Guests, who seek for boat or service. This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By visiting, using or otherwise dealing with the Services, you agree to the Terms, whether or not you become a User. If you do not agree to these terms, Please immediately stop using the Services and leave this Site.
Boat Market may amend this agreement from time to time. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
1. Use of the website
As a condition of your use of this Website, you warrant that
(i) you are at least 18 years of age;
(ii) you possess the legal authority to create a binding legal obligation;
(iii) you will use this Website in accordance with this Agreement;
(iv) you will only use this Website to make legitimate reservations for you or for another person for whom you
are legally authorized to act;
(v) all information supplied by you on this Website is true, accurate, current and complete.
2. Vessels Listings
Vessels Owners who would list the vessels for rental on Boat Market, has acknowledged and agreed the follow terms:
(i) Users are responsible to fill in all information which is related to the boat sold or the service provided.
(ii) All information filled in by users should be valid as listings are public information on the site. All enquiries
are based on the information provided on the listing.
(iii) Users are responsible for any and all listed information posted. Users represent and warrant that the
listings and the users’ Listing (i) do not breach any agreements, (ii) comply with all applicable laws including zoning laws, and do not conflict with the rights of third parties. Boat Market is not responsible and has no liability for a users’ compliance with any agreements, applicable laws or third party rights.
(iv) Users are solely responsible for users’ own acts and omissions and for those of any individuals who reside at or are otherwise present at the vessel because of users’ request or invitation, including guests. Users are strongly encouraged to obtain appropriate insurance for the vessels.
(v) Users understand and agree that Boat Market does not act as an insurer or as a contracting agent.
3. Boat Market’s Role
Boat Market is not an owner or operator of any vessels. Boat Market does not sell, resell, furnish, provide, rent, license, manage or control the vessels. The above service is provided by users.
Boat Market is not an agent representing vessel owners or guests of any kind of vessels listed on the website.
Boat Market operates the site, which provides an online platform for both vessel owners and guests to meet, arrange for and book vessels and deal with each other. Boat Market works with vessel owners to help market their listings to its community of users, and Boat Market provides functions that enable guests and vessel owners to decide on booking offers and acceptance respectively.
Boat Market, as the operator of the marketplace that is the site, also provides additional services to users, including: facilitating payment transactions between guests and vessel owners; and providing customer support to help answering questions from and resolving issues encountered by users.
4. User Verification
Although Boat Market requires all users to provide valid and accurate information, user verification on the Internet is difficult and we cannot and do not assume any responsibility for, the confirmation of each user’s purported identity.Users should communicate through the tools available on the website and suggested tools even this cannot assure you of the identity of the person you are communicating with.
5. Registration
You may be required to register with us in order to access certain parts of the Site (Sub-Portal). Where you are required to register:
(i) You must provide us with accurate, complete and updated registration information.
(ii) You must safeguard any user name and password which we provide to you.
(iii) You authorize us to assume that any person using the Site with your user name and password is either you or is authorized to act for you.
You acknowledge that your use of some Sub Portals may be governed by additional terms and conditions. Where this is the case, you will be notified accordingly, and those additional terms and conditions:i. will apply to your use of such Sub-portal in addition to these terms and conditions; and ii. will prevail over these terms and conditions to the extent of any inconsistency.
6. Intellectual Property Rights
(i) Our intellectual property:
Material on our site (including the name and style of Boat Market but excluding third-party content) is protected by rights of publicity, copyright, trademark, trade secret and other applicable proprietary rights and intellectual property laws. Except as expressly authorized by us, you shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, display, perform, publish, adapt, edit, create derivative works from or otherwise deal with these materials.
(ii) Use of our intellectual property:
You may not retrieve data or other content from our site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or similar, whether by manual methods, through the use of bots, crawlers, spiders or otherwise. You may not display any portion of the site in a frame or any content from our site through in-line links, unless we have provided our prior written consent which you may request at yacht@holimood.com. You may establish ordinary links to the homepage of our site without our written permission and use embedded html widgets, if we have provided them.
7. Prohibited Activities
The license to use the website only extends to the uses expressly described herein. The content and information on this website (including, but not limited to, price and availability of vessel rentals), as well as the infrastructure used to provide such content and information, are proprietary to us or our suppliers and providers. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create, derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this website.
Additionally, you agree not to:
(i) use this website or its contents for any commercial purpose;
(ii) make, or use the website to make, any speculative, false, or fraudulent reservation, reservation request or
any reservation in anticipation of demand;
(iii) access, monitor, reproduce, upload, re-publish, distribute, transmit, display 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;
(iv) 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;
(v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately
large load on our infrastructure, adversely affects the performance of the website, or infringes on our
copyright or the copyright of our suppliers;
(vi) deep-link to any portion of this website (including, without limitation, the purchase path for any travel
services) for any purpose without our express written permission;
(vii) “frame”, “mirror” or otherwise incorporate any part of this website into any other website without our
prior written authorization;
(viii) take any action that may undermine the feedback or ratings systems, including posting false, inaccurate
or misleading feedback, ratings and reviews;
(ix) sell, offer for sale, transfer, or license any portion of the website in any form to any third parties; or (x) post or transmit any spam, false, inaccurate, misleading, unlawful, threatening, libelous, defamatory,
obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by this agreement.
8. Links and Advertisements
We have not reviewed all of the sites linked to this Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through advertisements or through any search engines).
Some links which appear on the Site are automatically generated, and may be offensive or inappropriate to some people. The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.
Your correspondence or dealings with, or participation in promotions of, advertisers on the Site are solely between you and such advertisers.
We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Site.
9. Limitation of Liability
We will accept no liability whatsoever for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings or any other loss resulting from your access to, reliance on, or use of, or inability to use the Site and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (a) but allows a limitation of a certain maximum extent then our liability is limited to that extent.
10. Cancellation of Registration
Where you are required to register with us, you may cancel such registration at any time by notifying us.
We may cancel your registration if you do not visit the Site for an extended period of time, or if we reasonably believe that you have violated any Applicable Laws, acted inconsistently with the letter or spirit of this agreement, or have violated our rights or those of another party.
The provisions of these terms and conditions entitled “Use of the Site is at Your Risk”, “Limitation of Liability,” and “General Provisions” will survive cancellation of your registration or termination of this agreement.
11. Complaint
If you have a problem during your charter, please inform a relevant crew member immediately, who will endeavor to put things right. If your complaint is not resolved at the time, please follow up within 3 days at the end of the charter, by writing to us an email. Please give your booking reference and all other relevant information for further investigation. Nevertheless, we strongly suggest that you communicate any problem to crew on board at the time. This gives the vessel owners a much better opportunity to fix any issue directly and not allow this opportunity at the time, affecting how we view any subsequent complaint.
12. Local and International Laws
Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Hong Kong or the country in which you reside, as well as all laws relating to vessels and the use thereof.
13. Disclaimer of Warranties, Limitation of Liabilities
(i) You expressly agree that the use of services provided by Boat Market is at your sole risk. Those information,
goods and services are provided on an “as is” and “as available” basis.
(ii) Boat Market expressly disclaims all warranties or representations of any kind, whether express or implied,
including but not limited to warranties of title, merchantability and quality, fitness for a particular purpose
and no infringement of any rights of the third party.
(iii) Boat Market makes no guarantee that the information, goods and services will meet your requirements,
or that the said information, goods and services and their use and results will be free from interruption,
timely, secure, accurate, safe, reliable or error free. Boat Market also makes no warranty that any defects in software and hardware will be corrected.
(iv) Boat Market also makes no warranty as to results or quality of any information or services obtained or purchased from or through our website or applications.
(v) In no event Boat Market, or any party involved in creating, producing or providing any contents, materials, goods and/or services through our site or applications shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to, damages for loss of revenue or anticipated profits, loss of business, goodwill, data or other intangible losses even if Boat Market has been advised of the possibility of such damages resulting from (a) the inaccuracy, invalidity or incompleteness of the contents and materials; (b) use of or inability to use our services; (c) the cost of procurement of substitute goods and/or services resulting from any goods data, information or services purchased or obtained through our website, application and services; (d) unauthorized access to or alteration of your transmission or information; and (e) other matters related to Boat Market. In the event any of the said circumstances results from the gross negligence or willful act of Boat Market, the claims that the Boat Market may account shall be limited to the amount of fees (if any) paid to Boat Market for the use of goods and/or services.
(vi) Boat Market disclaims any liability for any of losses of or damages due to its failure to perform its undertakings or provide any of the services attributable to any events or circumstances beyond Boat Market control (including but not limited to delay or error in transmission of any content) or any implementation or amendments of the applicable laws, conventions and regulations or restrictions imposed by the government or relevant authorities, or fires, rain-storms, typhoons, thunders, earthquakes, riots, wars or any other natural disasters.
(vii) Boat Market is a reputation-based system, and that you will reasonably rely on service users’ comments and referrals, use common sense and exercise due care and diligence in using and relying on the services.
(viii) Boat Market may contain materials submitted, posted or displayed by other third parties. Boat Market has not edited or reviewed or monitored any of the said materials. Boat Market shall not be responsible and liable for any losses and damages arising from the materials submitted or posted or displayed by the said third parties. Unless stated otherwise, the materials contained in our website and application shall not represent any views or opinions of Boat Market.
(ix) If you are dissatisfied with the website or the service, you do not agree with any part of the terms, or have any other dispute or claim with or against Boat Market with respect to the terms of the website or the service, and then your sole and exclusive remedy shall be to discontinue using the website.
(x) In case the terms and conditions have discrepancy in Chinese and English versions, the English version shall prevail.
14. Indemnity
You shall indemnify and hold Boat Market (and each of our officers, directors, and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including reasonable legal fees, arising out or relating to your use of the services or your breach of these terms.
15. Notice
Notices to you may be made via either email or regular mail. Boat Market may also provide notices of changes to the agreement or other matters by displaying notices or links to notices to you generally on the website.
16. Contact
If you have any questions about these terms or report any violations of this agreement to our customer service, please contact us at enquiry@voy.hk.