Terms of Use

Your use of the yachtsmart website yachtsmart.com and the Online Platform is governed by these Terms of Use.

This document (referred to as our ‘Terms of Use") gives you information about the terms upon which we agree to provide, permit and allow you access and use of the Website and Online Platform.

We encourage you to print off a copy of this document and refer to it as you use our Systems and Services. If it is necessary to change the Terms of Use or add or remove any part at any time we will post such changes on yachtsmart.com.

It is your responsibility to check the Website for any changes. You agree to be bound by such changes if you should continue to use the Systems and Services.

IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SYSTEMS AND SERVICES. YOUR CONTINUED USE OF THE SYSTEMS AND SERVICES NOW OR FOLLOWING THE POSTING OF ANY SUCH CHANGES WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS AND OF ANY SUCH CHANGES.

What do words and phrases mean in these terms?

"Account" means your Account that we operate and you control within the Online Platform. For the avoidance of doubt, this includes the area where you instruct yachtsmart and manage the process of a sale /purchase/swap or to obtain a service.

"Complimentary" means free of charge without financial consideration.

"Content" means all of the content, documents, information and matters on or in your Account or contained within the Website and or Online Platform, whether through the Website and or Online Platform or uploaded manually.

"Deferred Payment Date" means the definition contained in the Service Agreement.

"Online Platform" means the Complimentary software provided to customers in accordance with these Terms of Use.

"Fully Managed service" means our fully managed service offered from time to time. For further information, please visit yachtsmart.com.

"Privacy Policy" means the Privacy Policy as amended from time to time and published on the Online Platform.

"Services" means all and each of the services offered from time to time by yachtsmart within the Online Platform.

"Systems" means the Online Platform.

"Terms" means these Terms of Use and Privacy Policy as amended from time to time.

"User" means you or anyone who uses the Systems.

"Website" means yachtsmart.com.

Code of conduct

Yachtsmart is a community of boat owners brought together to share a passion of the sea and boating and to allow you to build long lasting friendships between one another. The platform allows members to communicate with each other for the purpose of making friends and arranging swaps and/or points redemptions.

Acceptable use terms

There are rules and standards that you must abide by in connection with your use of the Systems. This is for the protection of all Users. yachtsmart has the right to enforce those guidelines as it deems appropriate in its sole discretion. This means that if you, or anyone using your Account, yachtsmart password or identifying information, violate these Terms, yachtsmart may take any and all actions from the issuance of a warning to terminating your right to use the Systems (without refund or part credit of any fees paid) to involvement of the appropriate authorities that yachtsmart deems necessary or appropriate. yachtsmart are not required to provide notice prior to terminate your right to use the Systems for violating these Terms, but it may choose to do so.

BY USING THE SYSTEMS, YOU AGREE TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST yachtsmart, AND TO HOLD yachtsmart HARMLESS AND INDEMNIFY yachtsmart WITH RESPECT TO ANY CLAIMS RELATING TO ANY ACTION TAKEN BY yachtsmart AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED OR THE WITHDRAWAL OF THE SYSTEMS WHETHER TEMPORARILY OR PERMANENT. THIS MEANS THAT YOU CANNOT SUE yachtsmart OR RECOVER ANY DAMAGES WHATSOEVER FROM yachtsmart AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SYSTEMS, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF yachtsmart CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

Disclaimer of Warranties; Liability Limitations

You expressly agree that your use of, or inability to use, the Systems is at your sole risk. The Systems are provided ’as-is‘ and ’as-available‘ for use, without warranties of any kind, either expressed or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

In no case shall yachtsmart, its Directors, Officers, Employees, Affiliates, Agents or Contractors be liable for any direct, indirect, incidental, special or consequential damages arising from your use of any of the Systems or for any other claim related in any way to your use of the Systems. Notices. This includes the review / verification of the authenticity of the users IDs and boat ownership documents that relate to the purchase, sale or swap of a boat or mooring.

yachtsmart may send you notices with respect to the Systems by sending an e-mail message to the email address listed in your yachtsmart Account or by sending a letter via postal mail to the contact address listed in your yachtsmart Account.

Legal principles

You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than you, as a User of the Systems, and yachtsmart.

If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. yachtsmart failure to enforce any right or provisions in the Terms will not constitute a waiver of such provision, or any other provision of the Terms.

The personal information which you give to yachtsmart when registering for access to the Systems will be used in connection with your use of the Systems and will be transferred to and maintained in yachtsmart records in the United Kingdom. If you do not consent to this transfer, do not accept these terms and conditions.

Special Provisions

yachtsmart does not guarantee or warrant that any photos, digital images, data or text (collectively, ’Content‘ for the purpose of this provision) you create, upload, send or store for the purpose of your use of the Systems will not be subject to inadvertent damage, corruption or destruction. If any Content is damaged, lost or corrupted in any way, yachtsmart will have no obligation or liability to you. You are solely responsible for your use of the Systems, including all Content you generate or upload to yachtsmart. yachtsmart is not and will not be responsible for what is contained in any such Content.

Although yachtsmart encourages you to use the Systems to express your creativity, yachtsmart reserves the right to refuse to process any order or upload submitted by you containing Content that yachtsmart, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise offensive, illegal, inappropriate or unacceptable, including any material yachtsmart believes may cause any liability for it under any applicable law or regulation, or which may cause yachtsmart to lose the Systems any suppliers provide as part of the Systems or in connection with fulfilling any order for Systems. In particular, yachtsmart reserves the right to refuse to process orders or uploads containing Content which, in yachtsmart sole opinion, contains expressions of abuse, offensive language or images, obscenity or pornography (including but not limited to child abuse or child pornography, and/or depictions of minors engaged in sexual conduct or explicitly sexual situations).

By submitting Content to yachtsmart, you are representing that you are the owner of such material, or have proper authorisation from the owner of the Content to distribute it. You hereby grant yachtsmart a worldwide, royalty-free, non-exclusive license to use the Content for the limited purpose of providing and processing the Systems.

No ownership

Nothing in this Agreement shall be construed to convey to you any interest, title, or license in a yachtsmart password, email address, domain name, or similar resource used by you in connection with the Systems or the Software.

Our Privacy Policy

You understand that by using the Systems, you consent and agree to the collection and use of certain information about you and your use of the Website in accordance with our Privacy Policy. You further consent and agree that we may collect, use, transmit, process and maintain information related to your Account, and any devices or computers registered thereunder, for purposes of providing the Systems, and any features therein, to you. Information collected by us when you use the Systems may also include technical or diagnostic information related to your use that may be used by us to support, improve and enhance our Systems. For more information please read our full Privacy Policy.

Registration

In order to take advantage of the Online Platform you will need to register on www.yachtsmart.com. You must provide accurate information about yourself and agree to our verification process. We will as part of that process take details of your IP address. By registering with yachtsmart you give us express permission to do so. Once registration is complete we will open you an Account free of charge, which will give you access to the Online Platform. You should keep all your Account information, user names and passwords secret and do not disclose the details to anyone. Please refer to the Terms of Use for further information, terms and conditions.

Access to the Online Platform

Once you have registered with yachtsmart you will be given access to the Online Platform. You will then be able to use the Online Platform subject to these Terms of Use, the Privacy Policy and any other terms and conditions you have agreed to. Please ensure you have full knowledge of these terms and conditions.

Your agreement

You agree that you will NOT use the Systems to:

• upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libellous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
• stalk, harass, threaten or harm another;
• pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person, entity, another User, a yachtsmart employee, or , or otherwise misrepresent your affiliation with a person or entity (yachtsmart reserves the right to reject or block any yachtsmart ID or e-mail address which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity);
• engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
• post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
• upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Systems (or any part thereof), or any other computer software or hardware;
• Interfere with or disrupt the Systems (including accessing the Systems through any automated means, like scripts or web crawlers), or any servers or networks connected to the Systems, or any policies, requirements or regulations of networks connected to the Systems (including any unauthorised access to, use or monitoring of data or traffic thereon);
• plan or engage in any illegal activity; and/or
• gather and store personal information on any other Users of the Systems to be used in connection with any of the foregoing prohibited activities.

You further agree to:

• not to reveal your Account information to anyone;
• that you are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify yachtsmart of any security breach;
• that the Products and Services are designed and intended for personal use on an individual basis and you should not share your Account information and/or password details with other individuals and/or corporate bodies;
• that provided we have exercised reasonable skill and due care, yachtsmart shall not be responsible for any losses arising out of the unauthorised use of your Account resulting from you not following these rules;
• yachtsmart will never ask you to reveal your account password either verbally or in writing;
• to provide accurate and complete information when you register with, and as you use the Systems and you agree to update your account information to keep it accurate and complete.
• that failure to provide accurate, current and complete Account information and data may result in the suspension and/or termination of your Account and/or Products and Services (without refund or part credit of fees paid).

Removal of content

You acknowledge that yachtsmart is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, yachtsmart reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable. Further, yachtsmart reserves the right to access your account (which may involve taking complete control) to ensure the orderly and reasonable conduct in accordance with these terms, the Privacy Policy and (if applicable) Service Agreement. This may include withdrawal of properties that have been sold or let by another agent or the withdrawal of offers to sell or let a property. You will be provided with a verbal notice to take the necessary steps to remedy the issue. Should you fail to respond to this request within 2 days, we will provide a further 7 days in writing, after which the appropriate action will be taken by yachtsmart.

Access to your Account and Content

yachtsmart reserves the right to take steps yachtsmart believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that yachtsmart may, without liability to you, access, use, preserve and/ or disclose your Account information and Content to law enforcement authorities, government officials, and/or a third party, as yachtsmart believes is reasonably necessary or appropriate, if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of yachtsmart, its Users, a third party, or the public as required or permitted by law.

As part of the process of using the Systems certain personal information will need to be disclosed to third parties such as a Seller, prospective Purchaser, legal advisor, yacht broker, yacht brokerage company, third party web portals and such others as yachtsmart deems necessary to enable them to provide the Systems. By agreeing to these Terms you agree and accept that such information can be disclosed. For the avoidance of doubt, yachtsmart reserves the right to take control of your Account, including changing your login details and password, in order to enforce all or any element of these Terms or Service Agreement.

Using your information

A prospective Purchaser or swapper is someone wishing to purchase or swap a Yacht or mooring. Yachtsmart will need to disclose the name, address and contact details of the prospective Purchaser or prospective seller or swapper (and vice versa). By participating in any of the above processes or services, you agree for your information to be disclosed.

Legal advisor

yachtsmart will need to disclose the name, address, contact details, the amount that the boat is being sold/purchased or swapped for and any conditions of sale/swap in relation to the Seller, the Purchaser and the swapper to the Legal Advisors acting on either or both sides of the transaction. By agreeing to these Terms you agree to allow us to do so.

Information and data

Any information and or data provided by you to yachtsmart and used by yachtsmart directly or indirectly in the performance of the Terms shall remain at all times the property of you. It shall be identified, clearly marked and recorded as such by yachtsmart on all media and in all documentation.

yachtsmart shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of this data and information.

yachtsmart agrees to comply and have adequate measures in place to ensure that its’ staff comply at all times with the provisions. All personal data acquired by yachtsmart from you shall only be used for the purposes of this Agreement and shall not be further processed or disclosed without the consent of you, other than in circumstances detailed in this Agreement.

yachtsmart shall indemnify you for any breach of the legislation above, which renders you liable for any costs, fines, claims or expenses howsoever arising. In fulfilment of its obligations above, yachtsmart will have in place and will maintain at all times the Information Standards which will deal comprehensively with:

• The protection of the confidentiality, integrity and security of all and any information supplied to yachtsmart by you;
• The audit and accounting procedures in place to deal with the requirements of this clause;
• The reliability and training of staff to ensure awareness of (and compliance with) their obligations;
• Any other measures and procedures to ensure that yachtsmart obligations under the above clauses are met.

Copyright notice – DMCA

If you believe that any Content in which you claim copyright has been infringed by anyone using the Systems, please contact yachtsmart at hello@yachtsmart.com- yachtsmart may, in its sole discretion, suspend and/or terminate Accounts of Users that are found to be repeat infringers.

Violations of this agreement

If while using the Systems, you encounter Content you find inappropriate, or otherwise believe to be a violation of this Agreement, you may report it by sending an email
to hello@yachtsmart.com.

License from you

yachtsmart does not claim ownership of the materials and/or Content you submit or make available on the Systems. However, by submitting or posting such Content on areas of the Systems that are accessible by the public or other Users with whom you consent to share such Content, you grant yachtsmart a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Systems solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to you. You agree that any Content submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By submitting or posting such Content on areas of the Systems that are accessible by the public or other Users, you are representing that you are the owner of such material and/or have all necessary rights, licenses, and authorisation to distribute it.

Changes to content

You understand that in order to provide the Systems and make your Content available thereon, yachtsmart may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license permits yachtsmart to take any such actions.

Trademark information

yachtsmart, the yachtsmart logo and other yachtsmart trademarks, Systems marks, graphics, and logos used in connection with the Systems and Software are trademarks or registered trademarks of yachtsmart, including the intellectual property rights of the yachtsmart brand. Other trademarks, Systems marks, graphics, and logos used in connection with the Systems or Software may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Product(s) or Software.

yachtsmart proprietary rights

You acknowledge and agree that yachtsmart and/or its licensors own all legal right, title and interest in and to the Systems, including but not limited to graphics, User interface, the scripts, logos, sounds, music, artwork, videos, computer code and software used to implement the Systems, and any software provided to you as a part of and/or in connection with the Systems, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Systems (including the Software, or any other part thereof) contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Systems in compliance with this Agreement. No portion of the Systems may be reproduced in any form or by any means, except as expressly permitted in these Terms.

License from yachtsmart

yachtsmart grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by yachtsmart as a part of the Systems and in accordance with this Agreement; provided that you do not (and do not permit anyone else to) copy, modify, rent, loan, distribute, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software, and you shall not exploit the Systems in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

THE USE OF THE SYSTEMS OR ANY PART OF THE SYSTEMS, EXCEPT FOR USE OF THE SYSTEMS AS PERMITTED IN THE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

Links and other third party materials

Certain content, components or features of the Systems may include materials and/or services from third parties and/or hyperlinks to other web sites, resources or Content. Because yachtsmart may have no control over such third party sites, services and/or materials, you acknowledge and agree that yachtsmart is not responsible for the availability of such sites, services or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, Systems or materials on or available from such sites or resources. You further acknowledge and agree that yachtsmart shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such content, advertising, systems or materials on or available from such sites or resources.

Member Terms and Conditions

1. Introduction

1.1.These terms of membership ("Terms") set out the contract between yachtsmart Limited London, England (“yachtsmart", "we", "us" or "our") and any individual who is accepted by us for yachtsmart membership ("Member" or "you").
1.2.These Terms apply to all services offered by yachtsmart to Members, and their guests (if applicable), together with any other applicable terms and conditions notified to you by yachtsmart from time to time.
1.3.These Terms shall be governed by and construed in accordance with the laws of England and Wales, irrespective of the nationality of the Member.
1.4.Other services offered by third parties with the permission of yachtsmart are subject to separate terms and conditions which will be notified to you at the time such offers are made.

2. Your relationship with yachtsmart

2.1.By becoming a Member you are appointing yachtsmart as your agent to:
2.1.1.introduce you to other Members who have listed their boats (as defined in term 2.2) which you may like to accept as a swap (as defined in term 5.1). For the purposes of these Terms, when you stay in another Member’s boat or mooring you are a “friend arriving";
2.1.2.introduce you to other Members who would like to stay in the boat or mooring that you have listed. For the purposes of these Terms, when another Member stays in your boat you are a “friend greeting”;
2.1.3 Yachtsmart is a community of boat owners brought together to share a passion of the sea and boating and to allow you to build long lasting friendships between one another. The platform allows members to communicate with each other for the purpose of making friends and arranging swaps.
2.1.4.allow Members to participate in the yachtsmart Points Scheme ("Smartcoin");
2.2.You acknowledge that yachtsmart does not own, control or in any way manage any boat or mooring listed on the yachtsmart platform (“Boat our mooring") and that yachtsmart makes no promise or representation whatsoever in relation to any boat including, but not limited to, the level of cleanliness or actual condition of a boat or mooring. You must make your own enquiries and satisfy yourself on such matters.
2.3.We make no promise or statement that your yachtsmart membership will produce any particular outcome - for example, swaps into specific boats or mooring and their locations, or the sale or purchase of a boat or mooring.

3. Membership

3.1.By applying for yachtsmart membership you confirm that:
3.1.1.you are at least 18 years of age (or older if required by applicable local laws);
3.1.2.the yachtsmart sign up process, in the form required by yachtsmart from time to time, has or will be completed and submitted to yachtsmart, either by you or on your behalf ("Application");
3.1.3.you:
3.1.3.1.are the owner, or co-owner, of the applicable boat you wish to list on the yachtsmart Platform ("Platform"); or
3.1.3.2.have the approval of the owner or co-owners of the applicable boat you wish to list on the Platform;
3.1.4.if you agree a swap or Points booking with another Member, such booking shall be in respect of the boat or mooring listed on the Platform; and
3.1.5.you shall pay all applicable fees to yachtsmart at the time and in the manner specified by yachtsmart.
3.2.We reserve the right to refuse any application for membership at our discretion including, without limitation, where we are required to do so by the laws, rules or regulations of any local, state, national or federal governmental entity or by judicial, public, regulatory or law enforcement authority or court.
3.3.Without prejudice to any other rights or remedies yachtsmart may have, yachtsmart reserves the right at its sole discretion to carry out background checks and/or refuse, cancel or terminate a membership, membership application or membership renewal if yachtsmart becomes aware that a Member, or prospective member:
3.3.1.has or may have a criminal conviction that, in yachtsmart’ reasonable opinion, may impact the Member’s ability to act as a friend greeting and/or a friend arriving; or
3.3.2.has or may have previously behaved in a way that has called into question their ability to meet yachtsmart’ expectations of its friend greeting and/or a friend arriving (as outlined in these Terms and the Member Exclusion Policy).
3.4. yachtsmart shall use its reasonable endeavours to investigate any information and/or allegations it receives in relation to term 3.3 and shall only terminate a membership if it is satisfied (acting reasonably) that there is substance to such information and/or allegation.
3.5.If accepted, your membership shall start on the day on which (a) yachtsmart has received, processed and accepted your Application; and (b) yachtsmart has received the applicable membership fee. yachtsmart may terminate/refuse membership if we do not receive the applicable fee.
3.6.Membership is personal to you and cannot be transferred or sold.

4. Listings

4.1.In order to be able to list your boat or mooring on the Platform you must:
4.1.1.be a current yachtsmart Member; and
4.1.2.have paid all applicable fees (including but not limited to membership fees).
4.2.When you list your boat with us, you agree, represent and warrant:
4.2.1.that you have the full legal right to use, and permit others to use, your boat or mooring in accordance with the yachtsmart service;
4.2.2.that you will accurately describe your boat or mooring on the Platform and will upload a minimum of 12 images which accurately depict the cabins and/or spaces within your boat. You confirm that:
4.2.2.1.you have the necessary rights, licences, permissions and/or consents to use any intellectual marine rights contained within any image and/or description of your boat or mooring ; and
4.2.2.2.the images and information used accurately reflect the boat or mooring (such as the number and size of cabins etc.),
4.2.2.3.That you have the knowledge and full understanding that the marina have allowed you to permit a swap on your mooring space.
4.2.3.that you are not using the Platform for any commercial purposes such as a rental;
4.2.4.that your boat or mooring is in good, safe and useable condition; and
4.2.5.that you have any necessary licences, permissions, consents and insurances to lawfully allow your boat to be used in accordance with the yachtsmart service.
4.2.6. that you acknowledge that yachtsmart is a community of boat owners brought together to share a passion for then sea and boating an to allow you to build long lasting friendships between one another. For this reason yachtsmart is a trust based arrangement between friends. However if a situation does occur, it's important that you know you're properly covered. For this reason, its a good idea to talk to your insurer before you swap with your friend, to make sure you're covered for the duration of your trip. This will give you a chance to take out any extra cover should you need it. We also recommend taking out travel insurance for the duration of your trip.
4.3.By listing your boat with us, you hereby grant yachtsmart a non-exclusive, royalty free, worldwide, irrevocable licence to use the image(s) and/or description of your boat in any advertising, marketing and/or promotional material relating to the Platform.
4.4.We reserve the right to refuse and/or remove any listing at our discretion. We may do this if we think the boat is unsuitable or if we reasonably believe the listing to be inaccurate.
4.5.We recommend that you add your boat as a listing as early as possible once your boat’s availability is known to you to increase your chances of finding a successful swap.
4.6.You may withdraw the listing at any time unless:
4.6.1.the listing has already been assigned to another Member;
4.6.2.you have received a confirmed swap in respect of that listing; or
4.7.Where we are able to, we try to ensure that listings are accurate and complete however we cannot guarantee this and accept no responsibility for inaccurate listings and/or your reliance on them.

5. Swaps

5.1.Before you can swap your boat with another Member (a "swap"), you must: 5.1.1.have listed your boat on the Platform;
5.1.2.have paid the necessary transaction fee, as detailed on the yachtsmart website (if applicable); and
5.1.3.for Scheme Members, have the necessary number of Points (smartcoin) to be able to enter into the swap.
5.2.If you agree to enter into an swap with another Member the terms of the arrangement and/or agreement regarding the swap are solely between you and the other Member. yachtsmart is not a party to such agreements. You therefore acknowledge and agree that, save as set out in these Terms, yachtsmart does not have any responsibility or liability for any such arrangement, agreement, relationship, friendship or other dealing between you and another Member.

6. Points Scheme (smartcoin)

6.1.To be able to participate in the Scheme you must be a fully paid-up Member: 6.1.1.at the time you list your boat; and
6.1.2.at the time you stay in another Scheme Member’s boat.
6.2.Being a Scheme Member allows you to use Scheme points (smartcoin) ("Points") to book a swapinto another Scheme Member’s boat ("Points Redemption") upon the payment of the applicable Exchange fee, as detailed on the yachtsmart website.
6.3.Points can be:
6.3.1.earnt by listing your boat through the Scheme and/or as an Instant booking listing; and/or 6.3.2.borrowed upon payment of the applicable fee, as listed on the yachtsmart website. Please note that you can only borrow Points up to a maximum of 5 times during your membership, and you may only borrow a maximum of 100,000 Points each time.
6.4.Points Redemptions are:
6.4.1.subject to availability and are offered on a first-come, first-served basis (except as otherwise indicated in these Terms);
6.4.2.conditional upon the Scheme Member having a sufficient number of Points for the Points Redemption requested; and
6.4.3.conditional upon the Scheme Member paying the applicable fee ("Redemption Fee"), as detailed on yachtsmart’ website.
6.5.Confirmation of a Points Redemption will only be valid when issued to you in writing by, or email from, yachtsmart and the ‘discussion status’ is shown as agreed. You should check the details of your confirmation carefully when you receive it and let us know as soon as possible if anything is incorrect.
6.6.If you cancel a Points Redemption which has already been accepted by the Host you shall lose your Redemption Fee and shall not be entitled to a refund, whether in whole or in part, and the number of Points returned to you will be determined in accordance with the cancellation policy outlined within these terms.
6.7.If a Host cancels a Points Redemption which has already been accepted and confirmed by them, we will use our reasonable endeavours to find you an alternative boat of equivalent size and location to stay in. If we are unable to find you an alternative Points Redemption or you do not agree to any alternative Points Redemption found by us (acting reasonably), we will credit your Points account with the appropriate number of Points.

7. Fees and Payments

7.1.In consideration of the performance of the services by yachtsmart, you agree to pay yachtsmart any applicable fees as outlined within these Terms or notified to you from time to time. The current applicable fees are published on the yachtsmart website. All fees are subject to reasonable change, at yachtsmart’ sole discretion, from time to time.
7.2.All fees are inclusive of any value added tax or other applicable sales tax, which shall be payable by you.
7.3.yachtsmart shall not be obliged to perform the services until all applicable fees are received by us. All sums must be paid by debit card, credit card or bank transfer.
7.4.If payment is made by credit or debit card, you confirm that you own the credit or debit card you provided us with the details of (and any subsequent or replacement card you ask us to use in relation to any payment to be made under these Terms). All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, we will not be responsible for any non-provision of any aspect of the services. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit or debit card payment.

8. Communications with other Members

8.1.Yachtsmart is a community of boat owners, brought together to share a passion for the sea and boating and to allow you to build long lasting friendships between one another. The platform allows ,members to communicate with each other for the purpose of making friends, arranging swaps, points redemptions and for arranging the sale or purchase of a boat or mooring. When communicating with other members, you agree not to send communications that:
8.1.1.are unsolicited or unlawful;
8.1.2.are charity requests or petitions;
8.1.3.contain any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to another Member, individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or which is otherwise inappropriate;
8.1.4.shall or may interrupt, damage, impair or render the Platform and/or yachtsmart service less efficient;
8.1.5.transfer files containing viruses, Trojans, malware or other harmful programmes;
8.1.6.authorise, encourage or assist any other person to copy, modify, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any software (including source code), databases and other technology that forms part of the Platform and/or the yachtsmart service; or
8.1.7.are otherwise inappropriate.
8.2.You agree to repay yachtsmart for any losses or damages it suffers as a result of any claims or legal proceedings brought against us by any third party arising out of your breach or alleged breach of these Terms.

9. Sale of your Boat

9.1.You must notify us as soon as possible in the event that: 10.1.1.you have agreed a sales price and are ready to sign a contract and or transfer the legal rights to your Boat or mooring;
9.1.2.your boat becomes uninhabitable due to fire, flooding, subsidence or any other reason beyond your control; or
9.1.3.your boat is repossessed.
9.2.If you sell or transfer the legal rights to your boat during your membership, you must make your boat inactive on the yachtsmart website and, if you have a confirmed swap or Points Redemption in relation to your boat, contact the friend arriving immediately.
9.3.If you receive notification from a friend greeting that they are selling their boat and you have a confirmed swap or Points Redemption as a friend arriving in respect of that boat, please contact our Customer Services team by using the live chat feature on the yachtsmart Website.

10. Cancellation

10.1.This term 11 applies to the points Scheme cancellations. In the event you use the points Scheme, the cancellation provisions set out in this term 11 apply to the Points element of that booking only.
10.2.Your cancellation will only take effect once you have:
10.2.1.notified the friend arriving or friend greeting; and
10.2.2.notified yachtsmart.
You can notify yachtsmart using the live chat feature on our page.
10.3.Where you choose to cancel your Points Redemption as a friend arriving the following shall apply:
Date that the cancellation notice is receive by yachtsmart /
Number of Points returned (if any)
Cancellation within 48 hours of confirming the booking / 100% of Points returned
Cancellation up to 4 months before the departure date / 75% of Points returned
Cancellation between 4 and 2 months from departure date /
50% of Points returned
Cancellation between 2 months and 1 month from departure date /
25% of Points returned
Cancellation less than 30 days before departure date / No Points to be returned

11. Termination of your membership by you

11.1.You may terminate or suspend your membership at any time by giving us notice in writing, provided that you have not received a confirmed swap or Points Redemption in respect of your listing. All Points will be lost when you terminate your membership.
11.2.Upon termination you shall lose all rights to use the yachtsmart service.
11.3.In the event that you terminate your membership you shall not be entitled to a refund of any fees paid, whether in whole or part.

12. Termination of your membership by us

12.1.We reserve the right to terminate or suspend your membership and cancel any outstanding confirmed swaps and/or Points Redemptions if any of the following occur: 13.1.1.you fail to comply with any of these Terms;
12.1.2.you fail to pay any sums due to yachtsmart or any associated company or any other party in connection with the yachtsmart service or any relevant travel arrangements;
12.1.3.you choose to issue legal proceedings against yachtsmart or its associated companies; 12.1.4.you are found to be a vexatious or serial complainant who threatens or uses physical violence and/or harasses, abuses or is verbally aggressive to our employees or another Member;
12.1.5.you abuse your rights as a Member and/or act in a manner that is contrary to the interests of yachtsmart; or
12.1.6.your continued membership is or becomes contrary to any law, rule, regulation or statutory instrument or if we are required to terminate it by any judicial, governmental, regulatory or law enforcement body or court.
12.2.Where we suspend your membership for non-payment in accordance with these Terms we also reserve the right to terminate your membership at our option at any time in the event that outstanding payments remain unpaid. Suspended Members may be readmitted to full membership on payment of all outstanding sums and completion of any required documentation. For the avoidance of doubt, suspended Members are not entitled to any benefits of yachtsmart membership during the period of suspension.

13. Complaints

13.1.yachtsmart does not own, manage or operate any boat and is not liable for their description, presentation and/or condition. As each boat is different standards may vary enormously. If you have an issue with a boat please contact your friend in the first instance. If you are still dissatisfied and decide not to occupy the boat then yachtsmart shall have no liability for any costs and expenses incurred (including, without limitation, the cost of alternative accommodation) unless prior authorisation to incur such costs has been given by yachtsmart in writing.
13.2.In the unlikely event that your friend greeting is unable to resolve the issue, please contact yachtsmart within 30 days of your return by writing to us at hello@yachtsmart.com. When writing please provide your membership number and all other relevant information.

14. Our liability to you

14.1.As yachtsmart is not responsible for and does not own, manage or operate any boats we cannot accept any liability for any act or omission on the part of any Member. Your use of the boat may be subject to additional rules or terms imposed by the Member who owns the boat. yachtsmart’ maximum liability if we are found to be at fault in relation to any service we provide is limited to the sums received by us for the swap or Points Redemption in connection with which we are found to be at fault. We do not exclude or limit any liability for death or personal injury which arises out of our own negligence or that of yachtsmart employees acting in the course of their employment or for our own criminal act.
14.2. yachtsmart is not liable for any damage, loss or theft of or to personal property which occurs through your friend arriving’ use of a boat.
14.3. yachtsmart accepts no liability for the acts and omissions of any third parties providing non-exchange related programmes or services to you.

15. Communicating with you

15.1. yachtsmart processes personal data and responds to requests you may have concerning personal data in accordance with its Privacy Policy.

16. Other Services

16.1.Without limitation, yachtsmart does not provide flights, coach or train travel, car hire, insurance, ferries, cruises or tours. Such services may be purchased from independent third party suppliers and will be subject to the terms and conditions of the suppliers concerned.
16.2. yachtsmart reserves the right to vary, withdraw or add to the services it provides at any time, with or without notice.

17. General

17.1.These Terms and yachtsmart’ policies and procedures may be changed by yachtsmart at its sole discretion from time to time. Members will be notified of any such changes by publication on yachtsmart’ website(s) and such changes will be effective as soon as they are published.
17.2.The fees and prices charged by yachtsmart are subject to regular review and any fee/price changes resulting from this review will take effect immediately. Such price and fee changes will be published on yachtsmart’ website(s) (or notified to Members by letter or email at yachtsmart’ option).
17.3.Please see yachtsmart’ website(s) for our latest Terms. The latest Terms published on yachtsmart’ website(s) supersede and replace all prior versions.
17.4.You may not assign, transfer, declare on trust or otherwise dispose of any of your rights under these Terms or any other person without the prior written consent of yachtsmart. yachtsmart may assign these Terms to any third party and any such assignment shall be binding on Members when notice of assignment is given to them. Notice may be given on yachtsmart’ website(s), in other yachtsmart publications or by letter or email.
17.5.yachtsmart shall not be liable for any delay in performing or failure to perform its obligations under these Terms if such delay or failure results from any circumstances outside its reasonable control. Such delay or failure shall not constitute a breach of these Terms and the time for its performance shall be extended by such period as is equal to that during which performance is prevented.
17.6.These Terms constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing by you and yachtsmart. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
17.7.Nothing in these Terms is expressly or impliedly intended to confer on any third party any right to enforce any of its provisions pursuant to the Contract (Rights of Third Parties) Act 1999.
17.8.No waiver by either party of any breach of these Terms by the other shall be considered as a waiver of any subsequent breach of the same of any other provision.
17.9.Any provision of these Terms which is held to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions of these Terms, and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provisions in any other jurisdiction.
17.10.Any notice required or permitted to be given by either party to the other under these Terms shall be in writing and addressed to yachtsmart at its registered office and to you at the address given as your correspondence address (or such other address as may at the relevant time have been notified to the party giving notice pursuant to this provision).