Membership Agreement

---

Member Terms and Conditions

By engaging with Board My Boat Ltd. (or The Company) in the context of moving forward with any agreement as a member, be it providing services, material contributions -including ships & real estate- or using Board My Boat Ltd. services, or simply fully demonstrating the intent to engage, the receipt and sufficiency of which is hereby acknowledged by this page, the Member agrees to the terms and conditions of this Member Interface Agreement (this "Agreement") as set forth below; to the Terms of Use Agreement (the "Terms of Use") and to the Privacy Policy. These are posted on the Board My Boat Ltd. Website, which can be accessed at: Board My Boat Limited ; and may each be revised or updated by Board My Boat Ltd. from time to time.

This Agreement sets forth the Terms and Conditions of member relationships, as well as Member's use of Company products, software, services and web Website(s) (collectively "Services"). The Company means Board My Boat Ltd. and all affiliates and services offered by and through The Company (The Company and Member are referred to herein each as a "Party," and collectively as the "Parties.") If Member does not agree to all of the Terms, Member must not use The Company's Services. The Company reserves the right to deny use of its Services to anyone at any time for any reason. Failure to comply with the Terms may result in denial of access to The Company's Services and cancellation of Member's The Company account.

Definitions

The Board My Boat Ltd. platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations”), activities, and excursions as well as a variety of other services (collectively, “Host Service's,” and each Host Service offering, a “Listing”). You must register an account to access and use many features Board My Boat Ltd. provides and must keep your account information accurate. As the provider of the Board My Boat Ltd. Platform, the Company does not own, control, offer or manage any Listings or Host Services. The Company is not a party to the contracts concluded directly between Hosts and Guests, nor is The Company a naval ship broker or insurer. Board My Boat Ltd. is not acting as an agent in any capacity for any Member, except as specified below in the “Payment Terms” section.

Relationship

The Parties' relationship under this Agreement is governed by the provisions under this Agreement as well as the Terms of Use. Registration for an account under the Board My Boat Ltd. platform constitutes acceptance of this Agreement and recognition of being considered a “Member” by The Company. Member understands and agrees that its use of the Board My Boat Ltd. Platform constitutes and denotes acceptance of this Agreement, including all its Terms and Conditions, from that time onward.

Uptime

The Company will use reasonable efforts to ensure continuous access to the Board My Boat Ltd. Platform for Members. It is understood that the Company is not directly responsible for any down time, whether scheduled or not, as to maintain the effective operation of the The Company Website and consequent services are controlled largely by third parties operating outside of the direct decision making power of The Company. The Company in no way guarantees that Services will be available without interruption.

Member-Generated Content. 

You understand that all messages, text, postings, files, photos, images or other materials (the "Content") you post, send, transmit, or otherwise engage with are not representative of The Company, and no liability shall ensue for The Company as a result of such “Member Content”. You agree that The Company is only acting as a passive conduit.

The Company makes no representation or warranty as to the authenticity, accuracy or completeness of the information contained on the Website. In submitting Content, you represent and warrant that you have sufficient authority and rights to post such Content, and to grant The Company the rights to use such Content in connection with providing the services.

Member Generated Advertising 

The Company is not responsible for any inaccuracy or incompleteness in the information provided by Member. It is the Member's obligation to ensure the accuracy of all listing Content, including such as may be used for advertising a service, experience, or rental (accuracy of boat description, seaworthiness of boat, qualifications of captain, legal requirements, identification requirements for renters, insurance, etc.). If Member discovers that listing details, they uploaded are inaccurate or incorrect, it is the Member's sole responsibility to correct the information in the Member account interface or contact a Company representative to rectify any such issues or concerns.

Removing Content 

We may, without notice to you, suspend or cancel your listing at any time, for any reason. We may remove any video, image, text, or other form of content posted by a member for any reason. We reserve the right to investigate any member posts, listings, or exchanges in a context of suspected fraud, or any suspicion of untoward activity that could have possible negative consequences for The Company. 

Prohibited Content

Posting any Content that The Company deems threatening, defamatory, infringing, unlawful, abusive, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic, profane, libelous, harassing, or otherwise objectionable is strictly prohibited. You also agree to not post Content that violates any third-party rights, including any Intellectual Property Rights, rights of publicity and privacy. The Company reserves the right to remove Content at its sole discretion.

License

By posting such Content you grant The Company an irrevocable, sub-licensable, transferable, perpetual, non-exclusive, royalty-free, worldwide license to use, duplicate, modify, publish, alter, translate, distribute, publicly perform, publicly display, and make derivative works of, all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology today known or heretofore developed in perpetuity and throughout the universe. You also hereby grant other Members of the Company Platform of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the use of The Company's Service.

Photographs

If you choose to use the The Company's photography service, you agree that The Company will own all right, title and interest in and to the copyright rights in the resulting images.

Member Obligations

Registration

Prior to using Services, Member is required to register on the The Company Website and perform all actions necessary to comply with the The Company Website registration requirements and the Terms.

Responsibility

By definition the business of boating has always incorporated elements of national, transnational, and international law. Members are always responsible for applicable laws that pertain to their country of residence, the current jurisdiction they are located in, the United Nations Convention on the Laws of the Sea (UNCLS), and any other rules and regulations that may be applied by any governing authority including townships, private dock rules, as well as any by-law applicable to the situation of the Member. This included Maritime rules and regulations.

Members agree that they are responsible for, and agree to abide by, all laws, rules, and regulations applicable to their use of the Website, their use of any tool, service or product offered on the Website, and any transaction they enter into in connection with their use of the Website.

Members further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the advertisement of boats, the conduct of their rental business, and the operation of any boat advertised on the Website, including but not limited to taxes, permit or license requirements, inspection and safety compliance, and verification of Renter identification and travel documentation, as applicable.

It is the responsibility of the Member whom decides to engage by renting equipment or vehicles, maritime or otherwise (such as research and development) to engage any reciprocal guest Member in a process or due diligence that includes vetting and making renting Members aware of safety features. Wherein there may be a lapsus in the knowledge, certified or otherwise, of the renting Member in regards to the proper operation and use of equipment or vehicle, the host Member engages themselves to take on the responsibility to train the reciprocal renting Member, to defer that training to another entity or organization, or to deny the renter access to the service advertised.

Insurance

This agreement in no way provides insurance, or commitment of insurance for any product, service, vehicle, or equipment that may be the subject of an agreement between Members. Each Member assumes liability and ensure there is insurance coverage for each rental. If Member has no insurance provider of record and would seek to identify a service, Board My Boat Ltd. may recommend a third party, but only in instances where this request is explicit by the Member, and even in such instances as may arise if the Company refers a Member to a third party insurer, it explicitly does not denote Board My Boat Ltd. as an insurer nor does it imply any liability undertaken by the Company in the performance of Services. 

Captains

Members may be certified as chartered Captains. In such cases, they must ensure they meet all local regulations and licensing to act as a captained charter. Board My Boat Ltd. does not certify captains and holds no claims of performing adequate due diligence on the status of a Member as a chartered Captain. If a Member presents themselves as a Captain in the context of a rental they must provide sufficient documentation for the reciprocal Member host such that they may perform adequate due diligence on the certification claimed by the renting Member.

Subscription Fees. 

Members will not be required to pay The Company any joining or initial subscription fee(s) related to use of The Company's Services. The Company, however, reserves the right to charge subscription fees at any time and shall notify Members of any changes in subscription fee policies. The Payment terms in the Terms of Use are expressly incorporated herein. We charge Members a service fee as a percentage of the total servicer rendered (i.e., the booking and any additional expenses) for use of the Services. This fee will be deducted from the total amount charged to the renting Member making the payment before payment is made to host Member. The service fee therefore takes effect as soon as the paying Member finishes their initial payment and shall not be refundable unless otherwise noted in the service agreement or agreed to by management of Board My Boat Limited.

AS PROVIDED IN THE TERMS OF USE, ANY DIRECT OR INDIRECT EXCHANGE OF MONEY BETWEEN MEMBERS FOR LATFORM SERVICES OTHER THAN PAYMENT THROUGH THE COMPANY IS A VIOLATION OF THIS AGREEMENT.

Member Communications

You agree that, with respect to other Members' or Users' personal information that you obtain directly or indirectly from or through the Website or through any Website-related communication, transaction or software, we have granted to you a license to use such information only for: 

A. Website-related communications that are not unsolicited commercial messages

B. Using services offered through the Website

C. Inquiring about or otherwise facilitating a Service between you and the other Member

D. Performing due diligence on a Member or their relevant qualifications in regards to a service

Any other purpose will require express permission from Board My Boat Ltd.. Members may not exchange other forms of direct contact information and may not engage in negotiations related to Services offered on the Platform. Furthermore any information obtained on the site may not be used for any unlawful purpose or with any unlawful intent.

Under no circumstances, except as defined in this provision, may you disclose personal information about another Member to any third party without both our consent and the consent of the Member. You agree that other Members may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect Members' or Users' personal information with the same degree of care hat you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.

No Spam. We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Member or User, even a User who has rented a boat from you, to your mailing list (e-mail or physical mail) without the Member's or User's express consent. You may not use any tool or service on the Website to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Website or through any tool or service provided on the Website and for your use of any personal information of Users you obtain through the Website or otherwise in connection with your participation in the Services.

Content and Layout

All Content and copy edits submitted by Members are subject to review and approval at The Company's sole discretion. We reserve the right to refuse to publish any Content that we determine, in our sole discretion, does not comply with the Terms or is otherwise unacceptable to us. However, we assume no duty to review Content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, Content and/or photographs or any change made to any Content, photograph or copy submitted by any member. All Content must meet these Terms. We reserve the right to edit Content submitted to the Website in a non-substantive manner solely to cause the Content to comply with our Content guidelines or formatting requirements. Members are responsible for reviewing and ensuring that any Content displayed on the Website appears as the Member intended.

Indemnification

Member (the "Indemnifying Party") will defend and indemnify The Company (the "Indemnified Party") against any and all claims, losses, costs and expenses, including reasonable attorneys' fees, that the Indemnified Party may incur as a result of claims in any form by third parties arising from: (a) the Indemnifying Party's intentional tortious or negligent acts or omissions (including, without limitation, noncompliance with any applicable legal and/or regulatory requirements); (b) the Indemnifying Party's breach of any representation, warranty or covenant set forth herein; (c) the infringement of any third party's intellectual property by any trademarks or other intellectual property provided by the Indemnifying Party to the Indemnified Party; and (d) the Indemnifying Party's failure to collect all taxes, fees and charges that may be applicable to the boat rental services being offered for sale by the Indemnifying Party.

If you have any questions or complaints about this Membership Agreement, Partners Policy or Board My Boat Ltd.’s information handling practices, you may email us at the email addresses provided in the relevant sections above or contact us via mail: For persons whose country of residence is within New Zealand: Board My Boat Ltd., Contact Legal Department, Martelli McKegg Street Address: Level 20, HSBC Tower, 188 Quay Street Auckland 1010 Postal Address: Martelli McKegg, PO Box 5745, Victoria Street West, Auckland 1142. Phone:+64 9 379 7333 Fax:+64 9 309 4112 Email: info@martellimckegg.co.nz 

Copy Right, Board My Boat Limited 2022. All Rights Reserved.