Terms & Conditions | The UK's Sailing Crew Match Platform
TENDRR WEBSITE TERMS AND CONDITIONS OF USE
INTRODUCTION these terms of use apply to the use of the TENDRR website. The TENDRR privacy policy sets out how we use data relating to you and it forms a part of these terms of use. The TENDRR privacy policy can be found on our website here https://tendrr.co. These terms were last updated on 23rd May 2018.
1. ABOUT THE WEBSITE AND THESE TERMS OF USE
1.1. www.tendrr.co (the “Website”) is a website owned and operated by TENDRR LTD, a company registered in England and Wales under company number 11201332 and with our registered office at 344 Goldhawk Road, London W6 0XF (“TENDRR”, “we”, “us” or “our”).
1.2. These terms of use apply to all use of the Website and form a legal agreement between you and TENDRR.
1.3. By using the Website you are confirming that you understand and accept (and are able to understand and accept) these terms of use, and that you agree to be bound by them. If you are under the age of 18 or don’t understand these terms of use, please ask a parent or guardian to explain their meaning to you. You must not use the Website if you are under 16. If you are 16 or 17, you may only use the Website with parental consent.
1.4. TENDRR may make alterations to these terms of use from time to time.
1.5. The Website allows users who are looking for sailing opportunities ("Crew") to find other Crew and Boat Owners and arrange to go sailing (“CrewMatch”). Users who own Boats (“Boat Owners”) are split into two categories; those who own pleasure vessels, as defined in The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998 (“Pleasure Boat Owners”) and those who own commercial Boats (i.e. if it is not a pleasure vessel) (“Commercial Boat Owners”) (or such comparable categories as may be updated and in force from time to time). Boat Owners may use the Website to find Crew (“CrewMatch”) and to charter the use of their boat in various ways ("Chartering"). A Boat may be any watercraft with use of a sail. The Website will also advertise selected events so that Crew and Boat Owners can see who is attending which events and find other users attending certain events (“Listed Events”). The CrewMatch, Chartering and Listed Events services shall collectively be referred to as the “Public Services”.
1.6. The Website may also be used by Boat Owners to organise sailing trips with their existing crew via a private messaging service (“Boat Management Tool"). The Boat Management Tool shall be referred to as the “Private Service”.
1.7. It is your responsibility to assess, before embarking on any sailing trips arranged through the Website, whether the Boat and its owner are appropriate for you and any other crew, taking into account all the prevailing circumstances such as the sailing experience of all people on board the Boat, the current weather conditions and forecast, proposed passage plan, tide and capability, design and age of the Boat.
1.8. We do not inspect, vet, survey or verify the backgrounds of any Boat Owners, Crew or Boats. Accordingly, any sailing trips arranged through the Website are carried out entirely at users’ own risk and Users freely and wilfully assume those risks by choosing to participate in such trips. Users assume full responsibility for the choices they make before, during and after their participation in any sailing trips arranged through the Website.
2. RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS
2.1. Unless otherwise specified, all copyright, design rights, database rights, patent rights, trade mark and trade dress rights and other intellectual property rights in the Website belong to and vest in TENDRR, or are licensed to TENDRR.
2.2. All third party trade names and trade marks are the property of their respective owners and TENDRR makes no warranty or representation in relation to them.
3. RESTRICTIONS AND OBLIGATIONS
3.1. You agree to comply with these terms of use and all rules applicable to the use of the Website.
3.2. You will not:
3.2.1. hack, modify, reverse engineer or create derivative works of the Website or any part of it;
3.2.2. gain unauthorised access to any part of the Website;
3.2.3. remove, modify or obscure any copyright, trade mark or other proprietary notices on the Website;
3.2.4. create software which replicates or mimics the data or functionality in the Website;
3.2.5. use your access to the Website for the sending of direct marketing;
3.2.6. make any part of the Website available to a third party who does not agree to these terms of use;
3.2.7. copy or exploit any part of the Website or the content it contains;
3.2.8. use the Website or any part of it unfairly or for any illegal or immoral purpose; or
3.2.9. attempt to do any of the acts listed above.
4. BOAT OWNERS
4.1. If you are a Boat Owner, you expressly warrant and represent that:
4.1.1. you, your boat and any professional or paid captain or crew on board your Boat comply with all applicable laws, regulations and codes of practice issued from time to time (including, without limitation, any applicable Maritime and Coastguard Agency (“MCA”) Code of Practice, classification, permits or licences);
4.1.2. you and your Boat are fully insured to cover any activities listed on the Website regardless of your nationality, the planned sailing area and/or the usual home port of the Boat and that the insurance is valid for the entire time your Boat is listed on the Website;
4.1.3. you are able to present a valid certificate of insurance upon request;
4.1.4. you have declared and/or registered your Boat, if required, with the competent authorities;
4.1.5. you will only offer bookings for Boats which are equipped and maintained, up-to-date with any technical testing, with safety equipment in keeping with its sailing category, up-to-date equipment and regular maintenance;
4.1.6. you will provide proof of ownership of their Boats upon request;
4.1.7. the description of your Boat is true and accurate and kept up to date, including but not limited to all information relating to insurance/coding regulations.
5. CREW
5.1. If you are Crew, you expressly warrant and represent that you possess the sailing skills listed in your User Profile and that the description of your sailing experience is true and accurate and kept up to date.
5.2. You agree to indemnify us against any loss or damage incurred by us and any third parties who may suffer damage as a result of a breach by you of any of the above warranties and representations.
6. REGISTRATION, ACCOUNT AND PASSWORD
6.1. In order to use and access parts of the Website you will need to register and create a User Profile as explained on the Website. To register you will need to submit certain information (including details of all relevant sailing experience) and choose a User Name, and a Password.
6.2. The User Name and Password chosen by and issued to you upon registration is personal to you so that you can use and access the Website.
6.3. You agree, accept and understand that:
6.3.1. you must ensure that all information held about you by us is up to date;
6.3.2. you can amend your registration details at any time through the Website;
6.3.3. you are and shall remain responsible for maintaining the confidentiality of your User Name and Password;
6.3.4. you are solely liable for any use of the Website using your User Name or Password;
6.3.5. you must not disclose your Password to any other person.
6.4. DO NOT SHARE YOUR USER NAME OR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. WE ARE NOT LIABLE FOR ANY IMPROPER USE OF YOUR USER NAME, PASSWORD, OR ACCOUNT OR ANY USE BY ANY THIRD PARTY.IF YOU THINK YOUR USER NAME, PASSWORD, OR ACCOUNT HAVE BEEN COMPROMISED IN ANY WAY, YOU MUST INFORM US IMMEDIATELY.
6.5. You undertake that all the information supplied during registration is truthful, complete and correct. If the information you have supplied is incomplete or incorrect you agree to indemnify us against any loss or damage incurred by us and any third parties who may suffer damage as a result of the information that you have supplied.
7. USER CONTENT
7.1. The Website enables the display of your own or third party content (“User Content”) without review or moderation. The Website is therefore merely a conduit of User Content.
7.2. The views expressed in any User Content are the views of the individual authors and not those of TENDRR unless specified otherwise by TENDRR.
7.3. TENDRR disclaims all liability in respect of any comments, views or remarks expressed in any User Content.
7.4. By using the Website you acknowledge that TENDRR has no responsibility to review any User Content and that all User Content is made available on the basis that TENDRR is not required to exercise any control or judgement over User Content.
7.5. If you submit data, messages, audio, video, textual or other content through the Website such as through a discussion forum or otherwise then:
7.5.1. you grant us a transferrable, sub-licensable, perpetual, irrevocable, non-exclusive licence to use and make available any User Content which you submit, worldwide in connection with the Website and our products and services; and
7.5.2. you agree to comply with our User Content Guidelines as set out in Schedule 1.
8. LIABILITY
8.1. Tendrr is a not a party to any contracts that are made between users of the Website with regard to any Public or Private Services.
8.2. Tendrr provides and maintains the Website on an “as is” basis and is liable only to provide its services with reasonable skill and care.
8.3. External Sites have not been verified or reviewed by Tendrr and all use and access of External Sites is made at your own risk. Where the Website contains links to other sites and resources provided by third parties, including Sponsored Events, these links are provided for your information only. Such links should not be interpreted as approval by us of those Sponsored Events, linked websites or information you may obtain from them. We have no control over the contents of External Sites and what happens at Sponsored Events. “External Sites” means third party websites and online services to which the Website links, including Sponsored Events.
8.4. Tendrr gives no other warranty in connection with the Website and to the maximum extent permitted by law, Tendrr excludes liability for:
8.4.1. any loss or damage of any kind howsoever arising, including any damage caused to Boats, or personal injury caused to users (including death), on sailing trips arranged through the Website and any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which Tendrr has been made aware;
8.4.2. the accuracy, currency or validity of information and material contained within any User Content or the Website;
8.4.3. any interruptions to or delays in updating the Website;
8.4.4. any incorrect or inaccurate information on the Website;
8.4.5. the infringement by any other person of any copyright or other intellectual property rights of any third party through any User Content or use of the Website;
8.4.6. the availability, quality, content or nature of External Sites;
8.4.7. any transaction taking place on External Sites;
8.4.8. any transaction with a third party retailer taking place on the Website;
8.4.9. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by any other person accessing, using or downloading the Website or any part of it, or any User Content; and
8.4.10. all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.
8.5. Nothing in these terms of use shall limit any liability which cannot legally be limited, including liability for:
8.5.1. death or personal injury caused by our negligence; and
8.5.2. fraud or fraudulent misrepresentation
8.6. Our total liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these terms of use shall not exceed £100 or, if greater, the total commission or fees due to us (if any) in respect of any services provided in relation to the claim.
8.7. We shall not be liable for any indirect or consequential loss (including but not limited to loss of goodwill, loss of business, loss of anticipated profits or savings and all other pure economic loss) arising out of or in connection with these terms of use.
8.8. Tendrr does not warrant that the operation of the Website will be uninterrupted or error free.
8.9. Tendrr will not be liable in any amount for failure to perform any obligation under these terms of use if that failure is caused by the occurrence of an event beyond its reasonable control.
8.10. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.
8.11. You agree not to use the Website in any way which is:
8.11.1. unlawful;
8.11.2. may give rise to civil or criminal liability for TENDRR; or
8.11.3. which might call Tendrr into disrepute.
9. TERMINATION
Without limiting any other rights it may have, TENDRR may in its sole discretion immediately cancel or suspend access to the Website if you breach, or are suspected of breaching, any of these terms of use.
10. GENERAL
10.1. These terms of use are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These terms of use will not exclude or limit TENDRR’s liability for death or personal injury resulting from its negligence nor any fraudulent acts or representations.
10.2. These terms of use and the terms referred to herein, including our privacy policy, constitute the entire agreement between you and TENDRR relating to your use of the Website, to the exclusion of any other terms.
10.3. Failure to enforce any term does not constitute a waiver of that term.
10.4. If any part of these terms of use is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.
10.5. The Website is intended for and directed at the United Kingdom. No representation or warranty is made as to whether the Website complies with the laws of any other country.
10.6. These terms of use are subject to the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
10.7. TENDRR will be entitled to assign and otherwise transfer the agreement covered by these terms of use by giving you reasonable notice, which may include notice given via the Website.
10.8. All questions, comments or enquiries should be directed to TENDRR. TENDRR will try to respond to within 48 hours.
TENDRR LTD.
344 Goldhawk Road, London, England, W6 0XF
Schedule 1
User Content Guidelines
1. You agree and undertake that you will not post, communicate, transmit or make available to or through the Website any User Content, statement, material, communication or other content which:
1.1.1 is unlawful or which gives rise to civil or criminal liability;
1.1.2 infringes the intellectual property rights of any third party;
1.1.3 is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data;
1.1.4 is abusive, seditious, sexist, pornographic, homophobic, defamatory, libellous, discriminatory, obscene or racist;
1.1.5 harasses any person;
1.1.6 may be deemed a marketing or commercial communication or promotes the products or services of any person;
1.1.7 contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
1.1.8 solicits, promotes, invites, encourages, advocates, incites or provokes any or all of the foregoing.
1.2 You further agree that in any activity you undertake during or in relation to the Website you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call us or the Website into disrepute.
1.3 You authorise us to remove, restrict, suspend or alter any of your User Content for any reason, in our sole and absolute discretion, including but not limited to User Content which conflicts with the terms of these User Content Guidelines or is otherwise inconsistent with these Website Terms and Conditions of Use.
1.4 If you discover User Content which you believe contravenes these Website Terms and Conditions of Use or is otherwise objectionable please notify us at hello@tendrr.co.