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:
- fill in all the required lines of the registration form;
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.
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.
iNsailing may, without prior notice, remove any User Content or terminate access to any User Content that, in iNsailing's opinion, violates these Terms or the current Community Terms or Standards or may otherwise harm InSailing 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.
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 Payment6.1 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.