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Terms and Condition

Nboats.com (Referred as “nboats”, “we”, “us”, or “our” in the following content) is a website that provides a platform for connecting users (Referred as “you”) which includes vessel owners, who list vessels to rent on our site, service providers, who provide service to guests (include but not limited to vessel owners) and Guests, who seek for 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.

 

Nboats 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. Nboats’s Role
(i) Nboats is not an owner or operator of any vessels. Nboats does not sell, resell, furnish, provide, rent, license, manage or control the vessels. (ii) Nboats is not an agent representing vessel owners or guests of any kind of vessels listed on the website.

(iii) Nboats operates the site, which provides an online platform for both vessel owners and guests to meet, arrange for and book vessel and deal with each other. Nboats works with vessel owners to help market their listings to its community of users, and Nboats provides functions that enable guests and vessel owners to decide on booking offers and acceptance respectively.

(iv) Nboats, as the operator of the marketplace that is the site, also provides additional services to users, including: (a) facilitating payment transactions between guests and vessel owners; (b) enforcing the applicable cancellation and refund policies when appropriate; and(c) providing customer support to help answering questions from and resolve issues encountered by users.

3. User Verification
Although Nboats 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.

4. Booking and Payment
(i) As a vessel owner, you should reply (either confirm or reject) the booking request within 24 hours of the guests’ requisitions. Booking will be automatically cancelled if we do not receive your reply after 24 hours. If you accept the booking request, a confirmation message will send to customer’s Nboats account registered Email from us.

(ii) We do not impose a listing fee on vessel owners at the moment. Nevertheless, we reserve the right to charge the vessel owners for listing vessels on Nboats in the future. Nboats will notify vessel owners in advance if there are any changes on the collection of listing fees.

(iii) As guests, after receiving confirmation of the booking request from Nboat, your booking is confirmed by shipowner. Any reschedule or cancel can only be made according to the cancellation policy and bad weather arrangement.

(iv) Nboats will keep the payment deposit at the time of booking confirmation and transfer the payment (deposit less booking fee) to the vessel owners after the date of boat trip. The vessel owners will receive the payment before the first 7 working days of the next calendar month.
(v)  Nboats provides a feature through which users may view vessel rental price and fees in Australian dollars.  The fees could be paid through paypal, Royalpay, Alipay, Wechat, RMB or bank transaction.
(vii) Australian dollars are the currency used in the transaction. Currencies other than Australian dollars used in transaction are subject to the currency conversion rate and the corresponding processing costs are not refundable.

(viii) For taxes, both guests and vessel owners are solely responsible for services provided by Nboat directly or indirectly. Nboats do not provide any tax advice to both parties.

(ix) The vessel owners, not Nboats, are solely responsible for honoring any confirmed bookings and making available any vessels reserved through the site, application and services. If you, as a guest, agree to enter into a transaction with a vessel owner for the booking of vessel, you agree and understand that you will be required to enter into an agreement with the vessel owners and you agree to accept any terms, conditions, rules and restrictions associated with such vessel imposed by the owners. You acknowledge and agree that you, and not Nboats, will be responsible for performing the obligations of any such agreements, that Nboats is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Nboats disclaims all liability arising from or related to any such agreements.

(xi) Each vessel owner hereby appoints Nboats as their limited agent solely for the purpose of collecting payments made by guests on behalf of the vessel owner. Each vessel owner agrees that payment made by a guest to Nboats shall be considered the same as a payment made directly to the vessel owner and the vessel owner will make the vessel available to guest in the agreed upon manner as if the vessel owner has received the deposit . Each vessel owner agrees that, Nboats may, in accordance with the cancellation policy selected by the vessel owners and reflected in the relevant listing, (a) permit the guest to cancel the booking and (b) refund proportion amount of the vessel rentals specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the vessel owner, Nboats assumes no liability for any acts or omissions of the vessel owners.

(xii) We use RoyalPay as third-party payment system. We do not retain any payment card information. Any and all payments or fees charged by third-party service providers shall be borne by the users themselves unless otherwise stated.

(xiii) Nboats also accept other payment method such as bank transfer and cash payment. And Nboat accept Paypal payment. Customers are prohibited from stealing credit cards to pay the fees on nboat.com. Once been found, Nboat will cooperate with police department and deliver the related information to them.

 

  1. Intellectual Property Rights
    (i) Our intellectual property: Material on our site (including the name and style of Nboats 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 material.

(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@nboats.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.

6. 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 otherwise 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.

  1. 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.
  2. Disclaimer of Warranties; Limitation of Liabilities
    (i) You expressly agree that the use of services provided by Nboats is at your sole risk. Those information, goods and services are provided on an “as is” and “as available” basis.

(ii) Nboats 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) Nboats 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. Nboats also makes no warranty that any defects in software and hardware will be corrected.

(iv) Nboats 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 Nboats, 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 Nboats 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 (vi) other matters related to Nboats. In the event of any of the said circumstances results from the gross negligence or willful act of Nboats, the claims that the Nboats may account shall be limited to the amount of fees (if any) paid to Nboats for the use of goods and/or services.

(vi) Nboats 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 Nboats 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) Nboats 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) Nboats may contain materials submitted posted or displayed by other third parties. Nboats has not edited or reviewed or monitored any of the said materials. Nboats 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 Nboats.

(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 Nboats 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.

 

  1. Indemnity
    You shall indemnify and hold us (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.

 

  1. Weather Conditions

(i) If the weather condition is unsuitable or dangerous, such as heavy rain, fog, and Marine Meteorological Warning issued by the National Meteorological Organization, captain has the absolute right to determine to cancel the voyage or not for the safety of life and property. Nboats will cooperate to relocate the date or refund the payment.

(ii) In case of heavy weather, clients could change the date according to the boat reservation vacancy. The reservation can be relocated to the same date of the off-season or peak season of the year, and both workdays and weekends must be considered. If you want to change to another time, the renter shall pay the off-season or weekend price difference. At the same time, the renter can only change the booking time once.

(iii) In case of cancellation or rescheduling, if the boat owner has made the food, drinks or other articles as required by customers, all payments must be made for the above arrangements.

 

  1. Cancellations and Refunds

12.1 Non-fishing Boats

(i) If the renter has paid a 30% deposit and has not paid the rest 70% of the final payment, the reservation can be changed or cancelled, and Nboats and boat owner will not charge cancellation and change fees.

(ii) Once a client made a boat reservation successfully, Nboats will cooperate with the boat owner to fix the boat’s schedule and make the arrangement according to your itinerary. As a result, Nboats does not accept a voyage cancellation in principle. If the renter has made a full payment, and then cancel the reserved voyage due to customer’s own reason, the boat owner will still charge fees according to their respective policy. Nboats will try its best to help customers to negotiate with boat owner, but guarantee nothing.

(iii) If the renter chooses to reschedule the reserved voyage after a full payment, the change has to be made two weeks before the scheduled date (except heavy weather). The rescheduled date must be corresponding with the original reserved date in terms of weekdays or off-season. If customers change the date of the voyage to weekends or peak season, then the fee differences must be paid.

(iv) The renter can only change the booking time once and cannot choose another vessel when reschedule the voyage.

 

12.2  Fishing boats

(i) Once a client made a boat reservation successfully, Nboats will cooperate with the boat owner to fix the boat’s schedule and make the arrangement according to your itinerary. As a result, Nboats does not accept a voyage cancellation in principle. If the renter has made a full payment, and then cancel the reserved voyage due to customer’s own reason, the boat owner will still charge fees according to their respective policy. Nboats will try its best to help customers to negotiate with boat owner, but guarantee nothing.

(ii) If the renter chooses to reschedule the reserved voyage after a full payment, the change has to be made two weeks before the scheduled date (except heavy weather). The rescheduled date must be corresponding with the original reserved date in terms of weekdays or off-season. If customers change the date of the voyage to weekends or peak season, then the fee differences must be paid.

(iii) The renter can only change the booking time once and cannot choose another vessel when reschedule the voyage.

 

12.3 Boat or Machinery malfunction

If the boat cannot make the voyage due to machinery malfunction, customers will be informed to reschedule the voyage as soon as possible. Another boat of the same class or a higher-priced will be provided as a substitution by Nboats with the consent of customers. Or, customers could choose a 100% refund.

 

  1. Amendments or Cancellation by Service providers
    Service providers reserve the right to make any changes (except for Yacht charter itself) when they become necessary. Most of these changes will be minor and Nboats will advise customer of them at the earliest possible date. Service providers also reserve the right in any circumstances to cancel arrangements. If service providers are unable to provide the booked arrangements, a replacement at the same cost would be offered (subject to availability).

 

If service providers are unable to offer the yacht charter, where it is unavailable when customer arrive through no fault of service providers’ and Nboats (for example by having been damaged by a previous client), customers could either choose : a replacement of yacht charter at the same cost would be offered (subject to availability) OR a full refund.

 

If service providers are unable to offer the free facilities and service listed, service providers would try the best to provide an alternative which can provide same level service and facilities, though the compensation is not guarantee. If the service providers are unable to offer the extra paid facilities and service, guests can accept the arrangement or reject the offer to receive a full refund of the extra payment.

14. 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, affect how we view any subsequent complaint.

15. Notice
Notices to you may be made via either email or regular mail. We 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 info@nboats.com.

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