iNsailing Terms and Conditions
Please read these Terms and Conditions ("Terms & Conditions") carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the iNsailing Platform, you agree to comply with and be bound by these Terms and Conditions.
This website (iNsailing.com) is owned and operated by Laudend LTD ('iNsailing') a company incorporated in Cyprus whose registered address is Laudend LTD, Georgiou Xenopoulou, 3, Office G2, 3106, Limassol, Cyprus.
This is the user agreement that governs your use of this website and the provision of the services we provide you.
Please take time to read these terms as it is important for both of us that you understand our contractual relationship both relating to your use of our website and the services we provide you.
1. Subject
The «Laudend» Company (hereinafter — "iNsailing" or "iNsailing Company") developed an online platform, website for organizing, adding events for personal and joint participation in sailing events available on the website http://insailing.com or in the form of a mobile application. The purpose of this platform is (i) to provide organizers, skippers, captains, yacht owners, yacht and sailing clubs, agents (hereinafter - "Organizers"), that participate in the regattas around the world, as well as to give to the yacht clubs that create their own regattas and other sailing events in different ways and locations, the possibility to organize and communicate with participants who want to take part in different regattas, but do not have a crew or yacht for their own crew on the same regattas or sailing events in order to perform joint participation and, accordingly, to share expenses related with participation (when choosing only a place in the crew), as well as (ii) to give the ability to search and access to the information about various offers from different organizers of regattas and/or participants, as well as owners of yachts who assemble a crew and/or are ready to provide their yacht for participation in regattas, crossings and other related to sailing and leisure activities, that are providing services for participation in the sailing events (hereinafter — "Platform").
The purpose of this document is to regulate the access to the Platform and the usage of its "Terms & Conditions". Please read carefully the "Terms & Conditions" of the Platform.
You understand and recognize that the Insailing Company is not part of any agreements, arrangements and contractual relations that may arise between the Platform Users: the "Participants" and the "Organizers" or with agents.
By clicking "Login with Facebook" or "Login with E-mail", you agree that you have read the "Terms and Conditions" and accept these terms and conditions.
1.1 iNsailing Company provides the iNsailing Platform and does not own, does not create, sell, resell, control, offer, or provide any Ads or Services of the organizers, and does not manage them, and iNsailing is not a travel organizer or seller of sailing trips or exits on the sea vessel. The Organizers are solely responsible for their Ads and Services and the crew places provided. By accepting a participants or during the reservation, the Users enter into a contractual relationship directly with each other. iNsailing does not act as a party or as other participant to any contractual relationship between Users, and does not enter as an agent or insurer.
1.2 Even though that we may assist in the resolution of disputes but the iNsailing does not control or guarantee (i) the existence, quality, security, compliance or legality of any Ads or Services and places on the boat that are placed and provided by Organizers, (ii) the authenticity or accuracy of the descriptions, Feedbacks or other User Content, and (iii) the actions or behavior of Users or third parties. iNsailing does not recommend any of the Users or Events, or Organizers. Any indication that the User is "confirmed" (or other similar definitions) means only that the User has passed the appropriate verification procedure. Any similar definitions are not count as a recommendation or guarantee by iNsailing to any Users, including the accuracy of information about him/her or absence of offenses regarding him, his reliability, safety or compliance. When deciding to book a Place in the crew or participate in a Sailing Event or Regatta, as well as use other Organizer Services, or by accepting a reservation request from a Participant, as well as communicating and interacting with other Users, both online and personally, you should show discretion and attention.
1.3 If you decide to use the iNsailing.com Website as an Organizer, then your relationship with iNsailing is limited by independent third-party contractors. In this case, you are not an employee, agent, participant in a joint venture, or the iNsailing partner, but act solely on your own behalf and in your own interests, but in no case on behalf of or in the interests of iNsailing. iNsailing does not manage and does not control you or your activities under this Terms and Conditions, including when you provide the Services as an organizer. You confirm that you offer the Services of the organizer and/or participate in other sailing or recreational sailing activities on your own initiative.
1.4 In order to promote the iNsailing.com Website and increase the views of Ads by potential Participants, Events and other User Content may be displayed on other sites, in applications, in emails, as well as in online and offline ads. In order to help our users who speak different languages, Ads and other Users Content can be fully or partially translated into other languages. iNsailing cannot guarantee the accuracy or quality of such translations, and Users are solely responsible for viewing and checking them. Translations created by Google may be displayed on the iNsailing.com Website. Google disclaims of any evident or implied warranties regarding translations, including any warranties of accuracy and correctness, as well as any implied warranties of merchantability, suitability to any purpose or respect of the rights.
1.5 Due to the special aspects of the Internet network, iNsailing cannot guarantee the continuous and uninterrupted availability to the iNsailing.com Website. iNsailing can limit the availability of the Insailing.com website, its sections or some functions, if it will be necessary to maintain the proper throughput, security or integrity of our servers, as well as to conduct technical activities that ensure the proper or improved functioning of the iNsailing.com Website. iNsailing may improve, expand and modify the iNsailing.com Website, as well as to introduce new InSailing facilities.
2. Registration at the Platform and Creation of the Account
2.1 Terms of the registration at the Platform
The Platform can be used by individuals who have reached the age of 18 years old. Registration at the Platform by a minor is strictly prohibited. By accessing the Platform, using its Services and creating an Account, you hereby confirm and guarantee that you are 18 years old or more and you have all the rights and authorities that is necessary to concluding deals and to perform these Terms and Conditions, including that you reached the age of majority and fully capable person. iNsailing may, at any time, to require you to provide information and documents confirming your rights and authorities, as was mentioned above.
2.2 Creation of the Users Account
The Platform allows the Users to publish Ads about sailing events, crew places in the sailing team, regattas and view Ads, as well as interact with Organizers in order to book a Place or to participate in the event. Viewing Ads at the Platform is available without registering, however, in order to publish Ads about sailing events or create an event, or to have the possibility to participate, or book a Place in the regattas, you must create an Account and become a User.
To create an Account you have to:
To register at the Platform, you must familiarize yourself with the content of these Terms & Conditions and Privacy Policy and accept them.
By creating an Account, regardless of the registration method chosen, you agree to provide accurate and reliable information and update it in your profile in a timely manner or by notifying iNsailing in order to ensure its relevance and accuracy throughout the entire contractual relationship with iNsailing. In the case of registration using e-mail, you undertake to ensure the secrecy of the password you chose when creating your Account, and not to show it to other persons. In case of loss of the password or if it became known to others, you agree immediately to notify iNsailing. You are solely responsible for the usage of your Account by third parties, unless iNsailing has been notified of the loss of a password, unauthorized actions by third parties, or disclosure of a password to a third party. You agree do not create or use any additional Accounts using your personal data or personal data of a third party.
2.3 Verification
iNsailing Company, in order to ensure transparency, to increase confidence, or to prevent fraud, may (but it is not obligated) resort to verifying some of your data filled up to your profile (for example phone number)
The fact that iNsailing Company does not limit you in the creation of the Events and Ads, cannot be interpreted as a confirmation of the accuracy of the information that you provide by default.
iNsailing Company cannot guarantee the authenticity, reliability and accuracy of any information that has passed the verification procedure.
4. Content of the Website
4.1 iNsailing may, at their own discretion, to provide the Users with the opportunity to (i) create, upload, send, receive and store content, in particular texts, photographs, audio, video and other materials or information on the iNsailing.com Website; (ii) view the Users Content, as well as any content that iNsailing places by their own on the iNsailing.com Website or through it, including its own iNsailing content.
4.2 You are solely responsible for the all Users Content that you post on or through the iNsailing.com Website.
4.3 You agree to not publish, upload, post or transmit any User Content that:
4.4 Liability of Users — blog Authors, event Organizers
The User is held solely liable to third parties for his or her actions taken to post and distribute User Information on the Service, inter alia, for the content of User Information meeting the requirements of applicable laws and respecting the rights and legitimate interests of third parties. The User understands and agrees that User Information should not violate the copyright, rights to trademarks, means of individualization, and/or intellectual rights vested in third parties. The User undertakes to settle all third-party claims arising from posting (editing) User Information independently and at own expense. In the event of a dispute, the burden of proving that User Information the User posted does not interfere with anyone's rights lies on such User.
5. Using of the iNsailing Services
5.1 Publication of Ads with joint participation
You, as a User, in accordance with the subject to compliance with the following conditions, can create and publish Event or Ads (offers, places in the team) at the Platform with providing all the necessary information about the Event or offer with Joint Participation that you intended to organize (date and time, meeting point with the Participant, number of proposed Crew Places/ Seats, available options, price for participation, etc.)
To publish the Event Ads with Joint Participation, all of the following conditions should be met:
You recognize that you are solely responsible for all content of the Ads published by you at the Platform. Accordingly, you state and warrant that the information described in your Event Announcement, both for independent participation and joint, is accurate and up to date, and that you undertake to fulfill the event created in accordance with the conditions specified in your Joint Participation Announcement. You, as the organizer, undertake to update information regarding the availability of seats on your yacht and/or regarding the possibility of joint participation in the event independently and in time.
If your Announcement both for joint and individual participation complies with the Terms and Conditions, it will be published at the Platform and, thus, it become viewed by Users and all visitors (including unregistered Users) that are performing a search of the Sailing Events using the Platform. iNsailing reserves the right, at their own discretion, and without prior notice, to refuse to publish the Announcement of joint or individual events and/or remove it if such Ads do not comply with the Terms and Conditions or contains text that may harm iNsailing Company's image, its Platform or provided through the Platform Services.
5.2 Event organization
The ways of organizing the Event or adding seats depends on the characteristics of the specific conditions of the participation. It may be team participation or participation of a whole team, joint participation and/or individual, and/or rent for this relevant sea vessel.
5.2.1 Joint participation
iNsailing Company has developed an online booking system of Seats (Places) (hereinafter - "Booking"), which is used for Joint and individual participation, offered at the Platform.
If the Participant is interested in the Event on a Joint or Individual Participation Event for which the Booking is provided, he can send an online Booking Request. This Request is either accepted automatically (if the Organizer selected this option at the time of publication of the Event), or can be confirmed by the Organizer manually. After receiving the booking confirmation from the Organizer (if necessary), for the Participant will be send a booking confirmation letter (hereinafter - "Booking Confirmation").
If you are the Organizer and during the Event publishing you can select the option to confirm the Booking manually, you undertake to respond to booking requests within a short period of time, but no later than 36 hours from the time of booking. Otherwise, the validity period of the booking request will be automatically considered as expired.
After making the payment, at the moment of booking confirmation, the iNsailing Company will send you the phone number of the Organizer (if you are a Participant) or of the Participant (if you are an Organizer). You are solely responsible to perform your contractual obligations to another User.
5.3 Feedback system
iNsailing Company encourages you to leave feedback about the Organizer (if you are a Participant) and about the Participant (if you are an Organizer) with whom you made or intended to participate in any sailing Events. It is forbidden to leave reviews to another Participant or to organizer with whom you didn't participate in the sailing event.
The feedback left by you, as well as the feedback left by another User about you, will be published at the Platform and becomes available for viewing. The option to leave a feedback is available only for 14 days from date of the ending of the Event. We will send you a link via email for providing a feedback after the last date of the event.
5.4 Moderation
You acknowledge and agree that iNsailing Company reserves the right to refuse to publish a feedback, question, comment or response, or to delete them if such a feedback, question, comment or answer violates the provisions of this Terms and Conditions.
6. Terms of Payment
6.1 Service fees
Insailing Company can charge Organizers ("Organizer's Service Fees") that equal to the amount from 10% to 15% collectively referred to as "Service Fees" for using the Website.
6.2. All applicable Fees including the VAT and will be shown to the Organizer or to the Participant before the publication of the Ads or before booking confirmation. iNsailing reserves the right to change the Charges for services at any time by notifying Users in advance, before the changes take effect. Changes in Service fees will not affect reservations made prior to the entry into force the new changes in fees.
6.3 You are responsible for transferring the Service Fee, that should be paid to iNsailing Company. The applicable Service Fee, together with all VAT taxes, is charged by iNsailing Company. iNsailing Company deducts the Organizer's Fees from the tariff of the announcement before transferring the payment to the Organizer. All Participant Service Fees are included into the Total amount and are charged by iNsailing Company and are indicated at the time of booking. Service fees are non-refundable.
6.4 iNsailing Company's Service Fee
In order the iNsailing Platform can function (provision of seats, participation in the regatta, providing of yachts), we will charge organizers and those who create an invitation for the event for services fee after the reservation become confirmed by both sides (by participant or by organizer).
6.5 Organizers' Service Fees
The organizers' service fees can be from 10% up to 15%. This fee is calculated on the basis of the booking subtotal: price for the Event/participation in the regatta and/or steat/whole team (boat). The organizer is obliged to indicate the cost including VAT and other taxes assumed by the legislation of the country. iNsailing is not responsible and does not control any payment of taxes of the Organizer. iNsailing pays income tax in accordance with the Law of Cyprus. The Service fee from the organizer is held (deducted from the Subtotal of reservation) automatically before transferring the amount from Participant for participation to the Organizer at the first day of the event.
This website (iNsailing.com) is owned and operated by Laudend LTD ('iNsailing') a company incorporated in Cyprus whose registered address is Laudend LTD, Georgiou Xenopoulou, 3, Office G2, 3106, Limassol, Cyprus.
This is the user agreement that governs your use of this website and the provision of the services we provide you.
Please take time to read these terms as it is important for both of us that you understand our contractual relationship both relating to your use of our website and the services we provide you.
1. Subject
The «Laudend» Company (hereinafter — "iNsailing" or "iNsailing Company") developed an online platform, website for organizing, adding events for personal and joint participation in sailing events available on the website http://insailing.com or in the form of a mobile application. The purpose of this platform is (i) to provide organizers, skippers, captains, yacht owners, yacht and sailing clubs, agents (hereinafter - "Organizers"), that participate in the regattas around the world, as well as to give to the yacht clubs that create their own regattas and other sailing events in different ways and locations, the possibility to organize and communicate with participants who want to take part in different regattas, but do not have a crew or yacht for their own crew on the same regattas or sailing events in order to perform joint participation and, accordingly, to share expenses related with participation (when choosing only a place in the crew), as well as (ii) to give the ability to search and access to the information about various offers from different organizers of regattas and/or participants, as well as owners of yachts who assemble a crew and/or are ready to provide their yacht for participation in regattas, crossings and other related to sailing and leisure activities, that are providing services for participation in the sailing events (hereinafter — "Platform").
The purpose of this document is to regulate the access to the Platform and the usage of its "Terms & Conditions". Please read carefully the "Terms & Conditions" of the Platform.
You understand and recognize that the Insailing Company is not part of any agreements, arrangements and contractual relations that may arise between the Platform Users: the "Participants" and the "Organizers" or with agents.
By clicking "Login with Facebook" or "Login with E-mail", you agree that you have read the "Terms and Conditions" and accept these terms and conditions.
1.1 iNsailing Company provides the iNsailing Platform and does not own, does not create, sell, resell, control, offer, or provide any Ads or Services of the organizers, and does not manage them, and iNsailing is not a travel organizer or seller of sailing trips or exits on the sea vessel. The Organizers are solely responsible for their Ads and Services and the crew places provided. By accepting a participants or during the reservation, the Users enter into a contractual relationship directly with each other. iNsailing does not act as a party or as other participant to any contractual relationship between Users, and does not enter as an agent or insurer.
1.2 Even though that we may assist in the resolution of disputes but the iNsailing does not control or guarantee (i) the existence, quality, security, compliance or legality of any Ads or Services and places on the boat that are placed and provided by Organizers, (ii) the authenticity or accuracy of the descriptions, Feedbacks or other User Content, and (iii) the actions or behavior of Users or third parties. iNsailing does not recommend any of the Users or Events, or Organizers. Any indication that the User is "confirmed" (or other similar definitions) means only that the User has passed the appropriate verification procedure. Any similar definitions are not count as a recommendation or guarantee by iNsailing to any Users, including the accuracy of information about him/her or absence of offenses regarding him, his reliability, safety or compliance. When deciding to book a Place in the crew or participate in a Sailing Event or Regatta, as well as use other Organizer Services, or by accepting a reservation request from a Participant, as well as communicating and interacting with other Users, both online and personally, you should show discretion and attention.
1.3 If you decide to use the iNsailing.com Website as an Organizer, then your relationship with iNsailing is limited by independent third-party contractors. In this case, you are not an employee, agent, participant in a joint venture, or the iNsailing partner, but act solely on your own behalf and in your own interests, but in no case on behalf of or in the interests of iNsailing. iNsailing does not manage and does not control you or your activities under this Terms and Conditions, including when you provide the Services as an organizer. You confirm that you offer the Services of the organizer and/or participate in other sailing or recreational sailing activities on your own initiative.
1.4 In order to promote the iNsailing.com Website and increase the views of Ads by potential Participants, Events and other User Content may be displayed on other sites, in applications, in emails, as well as in online and offline ads. In order to help our users who speak different languages, Ads and other Users Content can be fully or partially translated into other languages. iNsailing cannot guarantee the accuracy or quality of such translations, and Users are solely responsible for viewing and checking them. Translations created by Google may be displayed on the iNsailing.com Website. Google disclaims of any evident or implied warranties regarding translations, including any warranties of accuracy and correctness, as well as any implied warranties of merchantability, suitability to any purpose or respect of the rights.
1.5 Due to the special aspects of the Internet network, iNsailing cannot guarantee the continuous and uninterrupted availability to the iNsailing.com Website. iNsailing can limit the availability of the Insailing.com website, its sections or some functions, if it will be necessary to maintain the proper throughput, security or integrity of our servers, as well as to conduct technical activities that ensure the proper or improved functioning of the iNsailing.com Website. iNsailing may improve, expand and modify the iNsailing.com Website, as well as to introduce new InSailing facilities.
2. Registration at the Platform and Creation of the Account
2.1 Terms of the registration at the Platform
The Platform can be used by individuals who have reached the age of 18 years old. Registration at the Platform by a minor is strictly prohibited. By accessing the Platform, using its Services and creating an Account, you hereby confirm and guarantee that you are 18 years old or more and you have all the rights and authorities that is necessary to concluding deals and to perform these Terms and Conditions, including that you reached the age of majority and fully capable person. iNsailing may, at any time, to require you to provide information and documents confirming your rights and authorities, as was mentioned above.
2.2 Creation of the Users Account
The Platform allows the Users to publish Ads about sailing events, crew places in the sailing team, regattas and view Ads, as well as interact with Organizers in order to book a Place or to participate in the event. Viewing Ads at the Platform is available without registering, however, in order to publish Ads about sailing events or create an event, or to have the possibility to participate, or book a Place in the regattas, you must create an Account and become a User.
To create an Account you have to:
- fill in all the required lines of the registration form;
- or log in to the Platform via Facebook (hereinafter - "Social Network Account"). Using this feature, you agree that InSailing receives the access to certain information from your Social Network Account, publications and stores it at the Platform. You may at any time remove the link between your account and your Social Network Account by passing to the "My Settings" section in your profile. Detailed information of the usage of data from the Social Network Account can be found in our Privacy Policy, as well as in the privacy policy of the relevant social network.
To register at the Platform, you must familiarize yourself with the content of these Terms & Conditions and Privacy Policy and accept them.
By creating an Account, regardless of the registration method chosen, you agree to provide accurate and reliable information and update it in your profile in a timely manner or by notifying iNsailing in order to ensure its relevance and accuracy throughout the entire contractual relationship with iNsailing. In the case of registration using e-mail, you undertake to ensure the secrecy of the password you chose when creating your Account, and not to show it to other persons. In case of loss of the password or if it became known to others, you agree immediately to notify iNsailing. You are solely responsible for the usage of your Account by third parties, unless iNsailing has been notified of the loss of a password, unauthorized actions by third parties, or disclosure of a password to a third party. You agree do not create or use any additional Accounts using your personal data or personal data of a third party.
2.3 Verification
iNsailing Company, in order to ensure transparency, to increase confidence, or to prevent fraud, may (but it is not obligated) resort to verifying some of your data filled up to your profile (for example phone number)
The fact that iNsailing Company does not limit you in the creation of the Events and Ads, cannot be interpreted as a confirmation of the accuracy of the information that you provide by default.
iNsailing Company cannot guarantee the authenticity, reliability and accuracy of any information that has passed the verification procedure.
4. Content of the Website
4.1 iNsailing may, at their own discretion, to provide the Users with the opportunity to (i) create, upload, send, receive and store content, in particular texts, photographs, audio, video and other materials or information on the iNsailing.com Website; (ii) view the Users Content, as well as any content that iNsailing places by their own on the iNsailing.com Website or through it, including its own iNsailing content.
4.2 You are solely responsible for the all Users Content that you post on or through the iNsailing.com Website.
4.3 You agree to not publish, upload, post or transmit any User Content that:
- is falsified, false, misleading (directly or through the granting the incomplete or outdated information) or leading astray;
- is libelous, degrading, abusive, pornographic or obscene;
- promotes discrimination, intolerance, racism, hatred, aggression or harm to any person or group of persons;
- promotes violence and cruelty, threatens or encourages violence against any person or animal;
- advertises illegal or harmful activities or substances;
- violates other iNsailing rules. iNsailing may, without prior notice, remove any User Content or terminate access to any User Content that, in iNsailing's opinion, violates these Terms and Conditions or valid at that time the Community Standards, and may otherwise harm iNsailing Company and its Users.
4.4 Liability of Users — blog Authors, event Organizers
The User is held solely liable to third parties for his or her actions taken to post and distribute User Information on the Service, inter alia, for the content of User Information meeting the requirements of applicable laws and respecting the rights and legitimate interests of third parties. The User understands and agrees that User Information should not violate the copyright, rights to trademarks, means of individualization, and/or intellectual rights vested in third parties. The User undertakes to settle all third-party claims arising from posting (editing) User Information independently and at own expense. In the event of a dispute, the burden of proving that User Information the User posted does not interfere with anyone's rights lies on such User.
5. Using of the iNsailing Services
5.1 Publication of Ads with joint participation
You, as a User, in accordance with the subject to compliance with the following conditions, can create and publish Event or Ads (offers, places in the team) at the Platform with providing all the necessary information about the Event or offer with Joint Participation that you intended to organize (date and time, meeting point with the Participant, number of proposed Crew Places/ Seats, available options, price for participation, etc.)
To publish the Event Ads with Joint Participation, all of the following conditions should be met:
- ads of joint participation should be posted by the Organizer, only in respect to sailing yachts and other seagoing vessels that you own or to the usage of which you have been given explicit permission from the owner of the respective seagoing vessel;
- in both cases, you must have all the necessary powers in order to use the vessel for organizing the joint participation sailing event;
- you should not have any contraindications or medical ban to participate in the event;
- you should not have to intend to publish other announcements about the same joint participation event at the Platform;
- you should not have to offer more seats than available on your yacht.
You recognize that you are solely responsible for all content of the Ads published by you at the Platform. Accordingly, you state and warrant that the information described in your Event Announcement, both for independent participation and joint, is accurate and up to date, and that you undertake to fulfill the event created in accordance with the conditions specified in your Joint Participation Announcement. You, as the organizer, undertake to update information regarding the availability of seats on your yacht and/or regarding the possibility of joint participation in the event independently and in time.
If your Announcement both for joint and individual participation complies with the Terms and Conditions, it will be published at the Platform and, thus, it become viewed by Users and all visitors (including unregistered Users) that are performing a search of the Sailing Events using the Platform. iNsailing reserves the right, at their own discretion, and without prior notice, to refuse to publish the Announcement of joint or individual events and/or remove it if such Ads do not comply with the Terms and Conditions or contains text that may harm iNsailing Company's image, its Platform or provided through the Platform Services.
5.2 Event organization
The ways of organizing the Event or adding seats depends on the characteristics of the specific conditions of the participation. It may be team participation or participation of a whole team, joint participation and/or individual, and/or rent for this relevant sea vessel.
5.2.1 Joint participation
iNsailing Company has developed an online booking system of Seats (Places) (hereinafter - "Booking"), which is used for Joint and individual participation, offered at the Platform.
If the Participant is interested in the Event on a Joint or Individual Participation Event for which the Booking is provided, he can send an online Booking Request. This Request is either accepted automatically (if the Organizer selected this option at the time of publication of the Event), or can be confirmed by the Organizer manually. After receiving the booking confirmation from the Organizer (if necessary), for the Participant will be send a booking confirmation letter (hereinafter - "Booking Confirmation").
If you are the Organizer and during the Event publishing you can select the option to confirm the Booking manually, you undertake to respond to booking requests within a short period of time, but no later than 36 hours from the time of booking. Otherwise, the validity period of the booking request will be automatically considered as expired.
After making the payment, at the moment of booking confirmation, the iNsailing Company will send you the phone number of the Organizer (if you are a Participant) or of the Participant (if you are an Organizer). You are solely responsible to perform your contractual obligations to another User.
5.3 Feedback system
iNsailing Company encourages you to leave feedback about the Organizer (if you are a Participant) and about the Participant (if you are an Organizer) with whom you made or intended to participate in any sailing Events. It is forbidden to leave reviews to another Participant or to organizer with whom you didn't participate in the sailing event.
The feedback left by you, as well as the feedback left by another User about you, will be published at the Platform and becomes available for viewing. The option to leave a feedback is available only for 14 days from date of the ending of the Event. We will send you a link via email for providing a feedback after the last date of the event.
5.4 Moderation
You acknowledge and agree that iNsailing Company reserves the right to refuse to publish a feedback, question, comment or response, or to delete them if such a feedback, question, comment or answer violates the provisions of this Terms and Conditions.
6. Terms of Payment
6.1 Service fees
Insailing Company can charge Organizers ("Organizer's Service Fees") that equal to the amount from 10% to 15% collectively referred to as "Service Fees" for using the Website.
6.2. All applicable Fees including the VAT and will be shown to the Organizer or to the Participant before the publication of the Ads or before booking confirmation. iNsailing reserves the right to change the Charges for services at any time by notifying Users in advance, before the changes take effect. Changes in Service fees will not affect reservations made prior to the entry into force the new changes in fees.
6.3 You are responsible for transferring the Service Fee, that should be paid to iNsailing Company. The applicable Service Fee, together with all VAT taxes, is charged by iNsailing Company. iNsailing Company deducts the Organizer's Fees from the tariff of the announcement before transferring the payment to the Organizer. All Participant Service Fees are included into the Total amount and are charged by iNsailing Company and are indicated at the time of booking. Service fees are non-refundable.
6.4 iNsailing Company's Service Fee
In order the iNsailing Platform can function (provision of seats, participation in the regatta, providing of yachts), we will charge organizers and those who create an invitation for the event for services fee after the reservation become confirmed by both sides (by participant or by organizer).
6.5 Organizers' Service Fees
The organizers' service fees can be from 10% up to 15%. This fee is calculated on the basis of the booking subtotal: price for the Event/participation in the regatta and/or steat/whole team (boat). The organizer is obliged to indicate the cost including VAT and other taxes assumed by the legislation of the country. iNsailing is not responsible and does not control any payment of taxes of the Organizer. iNsailing pays income tax in accordance with the Law of Cyprus. The Service fee from the organizer is held (deducted from the Subtotal of reservation) automatically before transferring the amount from Participant for participation to the Organizer at the first day of the event.
7. Cancellation and Refund Policy, Problem Solving Center
7.1. The Organizers and the Participants are responsible for any changes made to the booking directly through the InSailing.com Website or with the help of the staff of the iNsailing support center, and undertake to pay all additional fees related to such booking changes, organizer's Fees and/or Taxes.
7.2. Participants can at any time cancel a confirmed reservation in accordance with the cancellation policy, and iNsailing will transfer the refund amount to the Participant account in accordance with the cancellation policy. A full refund is only possible in case of early cancellation of participation.
7.3. Cancellation fees:
— cancellation for the reservation during 72 hours after the payment — a full refund,
— cancellation for the reservation after 72 hours from the payment date — 10% of the reservation amount,
— cancellation for the reservation less than 30 days before the event start — 25% of the reservation amount,
— cancellation for the reservation 15 days or less before the event start — 50% of the reservation amount,
— cancellation for the reservation less than 48 hours before the start of the event start — Cancellation fee is 100% ( may be considered individually).
The Cancellation Fee will be applied to the organizer's or participant's account if applicable.
7.4 Under certain circumstances, iNsailing Company may, on their own, cancel a pending confirmation or confirmed booking and initiate a refund or payment of the relevant amounts.
7.6 If the Organizer cancels the confirmed reservation, the iNsailing will return the money to the Participant, except of the InSailing Company Cancellation fine (a penalty/fine) in the amount of 10% from the subtotal of the reservation.
7.8. All Users, Participants and Organizers may send letter or request a refunds or ask about additional Organizer Services in our Support Center, unless other options is specified in the Terms and Conditions.
You as User agree to pay all the amounts that was occurred during the reservation.
8. Behavior of the Platform Users and Registered Users
8.1 Obligations of all Platform Users
You agree that you are solely responsible for complying with all laws, regulations and obligations governing your use of the Platform.
Moreover, while using the Platform and while participating in the Events, you agree:
- not to use the Platform for professional, commercial purposes, as well as for profit-making goals;
- not send to the iNsailing Company (i.e., in the process of creating and updating the Account) and other Users deliberately false and misleading information, as well as information of malicious or fraudulent nature;
- with that your statements, behavior and publications at the Platform should not be abusive, harmful, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening or persecuting, should not have sexual implications, promote racism, xenophobia, violence, discrimination and hate, encourage the use of prohibited substances or generally contradict the objectives of the Platform, which may violate the rights of the InSailing Company or a third party, or contradict the norms of morality;
- not to violate the rights and not to have a negative impact on the image of the InSailing Company, in particular, it concerns its rights to intellectual property;
- not register more than one Account at the Platform and not register an Account on behalf of a third party;
- not to try to bypass the Platform's online booking system, in particular by sending your contact information to another User with the aim to make a reservation outside the Platform;
- not to discuss with other Users, in particular, through the Platform, topics not related to agreeing the conditions of participation in the Event;
- not to accept or make payments to the Organizer outside the Platform;
- to carry out these Terms and Conditions and Privacy Policy
8.2 Obligations of the Organizers
Using the Platform as an Organizer, you agree:
- comply with all laws, regulations, and codes that govern your use of a marine vessels;
- publish Announcements exclusively for scheduled Events;
- to organize the Event in accordance with the description provided in the Announcement of the Event, and taking into account the time and places agreed with other Users (in particular, regarding the meeting point and destination place);
- not to take to the team of participants' amount that is more than the number of available places specified in the announcement;
- to provide and use the vessel (yacht, sailing yacht, etc.) in good working condition and in full compliance with applicable legal rules and procedures;
- in case of a delay or change in the time of the Event, immediately inform the Participants about it;
- to provide the possibility of communicating with the Participant through the telephone number indicated in your profile.
8.3 Obligations of the Participants
8.3.1 In case of participation in the event
Using the Platform as a Participant in an Event, you undertake: upon request of InSailing or the Organizer to provide a passport or any other document proving your identity.
In the case of booking one or more Seats in the interests of third parties, you guarantee that such third party will fulfill the obligations stipulated in this article and generally adhere to the provisions of these Terms and Conditions. InSailing Company reserves the right to block your Account, restrict access to the Services or terminate the contractual relationship in case of any violations by third parties, in whose interests you booked the Event in accordance with these Terms and Conditions.
9. Special conditions for Participants
9.1 Conditions are applicable to all the bookings.
9.1.1. Using the booking procedure, you can booked chosen Event posted on the Insailing.com, if all established requirements are met by iNssailing and/or the Organizer (including the requirements for passing the verification process). All applicable fees, including the Participation Fee, iNsailing Services Fees from the participants, as well as all applicable Taxes (collectively referred to as "Total Cost") will be brought to your notice prior to finishing reservation process. You agree to pay the Total Cost of any bookings made by you using your Insailing Account.
9.1.2 At the time of receiving the booking confirmation from InSailing Company, you enter into legally binding contractual relations with the Organizer, which may be subject to additional conditions for the side of the Organizer, including the existing cancellation policy, as well as the rules and restrictions specified in the Event Ads. iNsailing will charge the Total Amount in accordance with the Terms of Payment at the time of the booking or after the booking has been confirmed by the Organizer.
9.1.3 If you book another Services of the Organizer on behalf of other clients, you must ensure that all additional requirements of the Organizer are met, familiarize them with these Terms and Conditions, the requirements, rules and restrictions of the Organizer, and also obtain their acceptance of these conditions.
9.2. Booking of the Place in the crew
9.2.1. You understand that the confirmed reservation of the Place ("Place Booking") has a limited permission of usage, participation in the Event, provided to you by the Organizer for the duration of your participation and Event described by the Organizer.
9.2.2. You agree to left the Place on the sea vessel no later than the end time of the event specified by the Organizer in the Event Ad, or another time agreed by you with the Organizer.
9.3. Event Booking and Participation in Organizers Events
9.3.1. You must carefully review the description of the Event for booking or participating in other Events of the Organizer and make sure that you (as well as all other participants for whom you book an Event) meet the requirements of minimum age, skills and fitness level, as well as other requirements specified by the Organizer in your Event. You can, at your own discretion, notify the Organizer of any medical and physical abilities, level of training, taken places in the championships and previous sailing experience, features or other circumstances that may affect the possibility of your participation in the Event, as well as the possibility of other participants. You are solely responsible for studying and complying with all laws, rules and regulations applicable to your participation in the Event or other Services of the Organizer.
9.3.2. Before and during participation in the Event or other Services of the Organizer, you must follow the instructions of the Organizer.
10. Ratings and Feedbacks
10.1 Within a certain time after the completion of the Event, the Participants and the Organizers can write a public review ("Review") and give a rating ("Rating") to each other. Ratings and Reviews reflect the subjective opinion of Users and do not reflect the opinions of InSailing. InSailing Company does not verify the accuracy of Reviews and Ratings, which may be incorrect or misleading.
10.2. Ratings and Customer and Organizers Feedbacks must be accurate and may not contain offensive or slanderous statements.
10.3. Users are prohibited from interfering in any way to the system of Ratings and Feedbacks, including asking third parties to write positive or negative Feedbacks about another Users.
10.4. Ratings and Reviews are part of the public profile of the User and may be displayed in other sections of the InSailing Website (for example, on the Event page) along with other relevant information.
11. Disputes before Participants
If you have any questions and/or you want to write a complaint, please contact the Insailing User Support Center with a request. We will try to resolve your issue at the nearest future.
12. Taxes and VAT
The Organizer is solely responsible for determining his responsibilities for collecting, transferring or including applicable Taxes or other indirect sales taxes, tourist or income tax, as well as obligations for submitting the necessary tax reporting independently.
13. Forbidden activity
13.1. You are solely responsible for compliance with all laws, regulations, by-laws and tax obligations that may apply or arise in connection with your use of the InSailing Website. Using the InSailing Website, you agree not to do it yourself, and not to help or allow other persons to do the following:
- violate applicable laws or rules, the terms of agreements with third parties, the rights of third parties, these Terms and Conditions, and evade their compliance;
- copy, store or otherwise use information and content of the InSailing Website, including personal identification data of other Users, contained on the InSailing Website, in a manner inconsistent with the Privacy Policy or these Terms and Conditions or otherwise violate the privacy rights of Users or third parties;
- use the InSailing Website to distribute ads that are not agreed with the recipient (spam);
- as an Organizer, offer through the iNsailing Website places that you do not own or that you do not have the right to give for rent;
- without our written consent to contact other Users for purposes other than clarifying issues related to the booking, to participate in the event or to use of the InSailing Website by another User, including offering Users to use services, applications or websites of third parties;
- use the iNsailing Website to request, complete or accept reservations outside the iNsailing Website without paying the Service Fee;
- request, accept or make payment for participation in the Event outside the iNsailing Platform or without the participation of iNsailing. If you do this, you acknowledge that you are: (i) violating these Terms and Conditions; (ii) assume all risks and liability for such payments, and (iii) release iNsailing Company from any liability for such payments;
- discriminate or harass on the basis of race, national origin, religion, gender identity, physical or mental abilities, medical condition, marital status, age or sexual orientation, as well as other aggressive, harmful, offensive or dangerous actions;
- without the written consent of iNsailing Company to use, display, duplicate or reproduce the iNsailing Website, any elements of the iNsailing Website, the iNsailing name, iNsailing trademarks, logo or other information that is belong to the property of iNsailing, and the structure or design of the pages or forms present on the iNsailing Website pages;
- slander or denigrate the iNsailing brand or otherwise damage it;
- use robots, crawlers, bots and other automated tools or processes to collect data or other content, as well as to access them and perform other actions on the iNsailing Website, regardless of the purposes;
- avoid, delete, deactivate, damage, decrypt or otherwise circumvent any technical means used by iNsailing or other third parties to ensure the security of the iNsailing Website;
- attempt to decrypt the software used to provide the iNsailing Website, and also any attempts to uncover its technology;
- take any action that is detrimental and negatively affecting, and may also be detrimental or adversely affect the performance or proper functioning of the iNsailing Website;
- violate anyone's rights or otherwise harm anyone.
13.2 You acknowledge that iNsailing Company is not obligated to monitor access to the iNsailing Website or its use by Users, inspect and edit any User Content or terminate access to it, but has the right (i) to ensure the functioning, security and improvement of the iNsailing Website (including fraud prevention, risk assessment, investigation and customer support); (ii) to ensure that the Users comply with these Terms and Conditions; (iii) to respond to User Content deemed to be dangerous or controversial by iNsailing Company; (iv) for other purposes provided in these Terms and Conditions. Users agree to cooperate in good faith with iNsailing, provide InSailing with any information, and carry out any actions reasonably requested by iNsailing as part of an investigation conducted by iNsailing or its representative and related to the use or violation of the iNsailing Website.
14. Term, termination and suspension of the contract, other measures
14.1 This Agreement commence on the date of registration of the account by you on the iNsailing Platform in accordance with these regulations.
14.2 You can terminate this Agreement at any time by sending us a notification email. If you delete your iNsailing Account as an Organizer, all confirmed reservations will be automatically canceled, and your Customers will receive a full refund. If you delete your iNsailing Account as an Organizer, all confirmed bookings will be automatically canceled and the refund will be made in accordance with the cancellation rules specified in Terms of Payment.
14.3 iNsailing may, by their own, terminate this Agreement at any time. You will be notified in a 30 days before by a corresponding email notification, which does not limit the iNsailing rights specified below.
14.4 iNsailing may immediately and without prior notice terminate this Agreement and / or deny access to the iNsailing Website in the following cases: (i) you have committed a significant breach of your obligations under these Terms and Conditions, Terms of Payment, as well as our other Terms; (ii) iNsailing has reason to believe that such action is justified and necessary to protect the interests of other Users of iNsailing, iNsailing Company, or third parties (for example, in the case of attempted fraud by the User).
15. Withdrawal of rights and claims
You use the iNsailing Website voluntarily and at your own risk. The iNsailing Website is provided "as is" without any kind either express or implied.
You acknowledge that you have all the necessary facilities and means for studying the iNsailing Website Services, rules and regulations that may apply to your Events and/or other Services that you receive. You also acknowledge that you do not rely on any statements from the iNsailing Website regarding legal or other issues regarding any Event.
You agree that certain Events, other organizers Services may be associated with certain risks. Using these Services, you voluntarily accept these risks. For example, some Services of the organizers may assume the risks of disease, injury, physical injury or death, and using the Services of the organizers, you voluntarily and consciously accept these risks. You assume full responsibility for actions performed before, during and after the use of the Services of the organizers.