The Waypoint BETA

Terms of Website Use

Index

  1. Information about us
  2. Our Service
  3. Payment and Membership Fees
  4. Your Responsibilities
  5. Cancellations
  6. Reliance on information posted
  7. Access to our site
  8. Site Changes
  9. Our liability
  10. Information about you and your visits to our site
  11. Transactions concluded through our site
  12. Uploading material to our site
  13. Viruses, hacking and other offenses
  14. Linking to our site
  15. Links from our site
  16. Intellectual property rights
  17. Trademarks
  18. Jurisdiction and applicable law
  19. Variations
  1. Information about us

    The Waypoint is a site operated by TheWaypoint Inc. We are registered in California and the United Kingdom, and have our registered office at 1 World Trade Center, Suite 800, Long Beach, CA 90831.

    We are regulated by British Marine Federation (BMF) and abide by its Code of practice (Member Number 120925) and are members of The Yacht Harbor Association (TYHA) and The Inland Waterways Association (IWA).

    ↑ Back to top

  2. Our Service

    Our site allows you to be able to view and display slips internationally. We provide users with access to other users in a way that provides a unique commercial and social interaction. Our site provides a gateway for users to contract with other users, be they boat owners or marinas, boatyards and harbormasters collectively known as Mooring Managers to arrange the purchase or sale of berths for a specified period of time. The service offered is dependent upon the type of user that you are. For more information, please review the full list of details of the services offered to boat owners and mooring managers.

    Boat owners can use our site to find slips around their area for short-term, mid-term and long-term berths. By uploading your details and boat specifications our site is able to find the berths that are only relevant for your needs, saving you both time and money.

    Mooring managers will be able to benefit from Boat Owner members’ access to their details, thus expanding their market well beyond the usual geographical boundaries. Our site allows mooring managers to effectively rent and re-rent slips for pre-defined periods of time, greatly increasing the potential efficiency of your business.

    ↑ Back to top

  3. Payment and Membership Fees

    We charge membership fees dependent on the type of user and we charge a separate fee when a berth is booked.

    Our transaction fees are charged for each transaction completed with a berth provider, be they mooring manager or another boat owner with a private slip.

    The fees cover the costs incurred by The Waypoint for processing bookings.

    We may change our fees from time to time. We will take steps to duly notify you of any changes to our fee policy by posting such changes on our site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. For up-to-date details on our fee policy, please review our services lists for [boat owners] / [mooring managers]. If we provide any form of discount service, we shall provide you with further guidance on our terms and conditions in this regard. Our fees are non-refundable, and you are responsible for paying them when they’re due. Should you fail to pay any outstanding sums due to us, we may limit your access to our site. If your payment method fails or your account is past due, we may pursue other methods of debt collection.

    After each transaction you will be sent confirmation of the booking by email. Should you have any issues with your booking, please contact the mooring manager/private berth holder as a matter of urgency. Please keep us notified of any issues by email.

    Should a boat owner cancel a booking within 36 hours of a booking then The Waypoint will be unable to offer any refund. All bookings prior to this period may be changed without incurring any charges.

    ↑ Back to top

  4. Your Responsibilities

    We provide a service based on the information our users and third parties provide us. It is essential that all information and answers you provide are true and accurate and that you take all necessary steps to disclose all relevant facts when using our site. If you do not provide accurate information and full disclosure of all relevant facts, this could lead to your service being inaccurate. In the event that you have provided incorrect information or not fully disclosed all relevant facts, you could be liable to other users, for example, in the event of a booking failing etc.

    You are required to maintain and confirm the accuracy of your information. You are also required to maintain your boat to a satisfactory quality so that it complies with relevant mooring manager terms and conditions for each transaction. You are required to confirm agreement to a mooring manager terms and conditions before each transaction. The mooring manager’s Terms and Conditions will govern both your bookings, the interim period prior to occupancy of the berth, and the terms of the actual occupancy of the berth. Please make sure you review these comprehensively before agreeing to them.

    Should you become a boat owner with a private slip, you will need to comply with the additional terms set down for members with a private mooring use. You must provide fully accurate details of your private mooring (including, but not limited, technical details and description). You will also need to adopt our universal terms and conditions. For more information on these terms and conditions, please contact us. For assistance and clarification during the uploading of addition private mooring details, please utilize our help function during the data entry process.

    You are required to make sure you update your vacancies on a regular basis. Failure to provide updated records reduces the effectiveness of The Waypoint service. You must always make sure that users of The Waypoint service who contract with you, having previously utilized our site, are aware that the transaction fee will still apply. We shall undertake periodic and random checks to confirm that this procedure is being upheld by marina. Failure to comply with marina responsibilities may lead to your suspension, or even the termination, of marina membership.

    ↑ Back to top

  5. Cancellations

    Should a cancellation arise you will need to cancel the booking via the website. The effect of the cancellation will depend on a variety of factors including the terms and conditions of the marina and the period until the arrival date. The Waypoint will be unable to cancel a booking within 36 hours of the arrival date.

    ↑ Back to top

  6. Reliance on information posted

    Our site provides information from us, you, other users and other third parties. Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. We do take steps to regularly review the content of our site. However, we are not under any obligation to review the content of our site and disclaim all liability in relation to third party information on our website insofar as is permitted by law.

    ↑ Back to top

  7. Access to our site

    Access to our site is permitted on a temporary basis. Whilst we will attempt to provide a comprehensive and enduring service, we do reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

    From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

    When using our site, you must comply with the provisions of our acceptable use policy. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

    ↑ Back to top

  8. Site Changes

    We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

    ↑ Back to top

  9. Our liability

    The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

    • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
    • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and
    • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

    This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

    ↑ Back to top

  10. Information about you and your visits to our site

    We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

    ↑ Back to top

  11. Transactions concluded through our site

    Contracts for berths formed through our site or as a result of visits made by users are governed by the terms and conditions of our universal mooring manager contract. You should carefully consider the terms and conditions before entering into each transaction.

    ↑ Back to top

  12. Uploading material to our site

    Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

    Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

    ↑ Back to top

  13. Viruses, hacking and other offenses

    You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

    By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

    We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

    ↑ Back to top

  14. Linking to our site

    You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

    Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

    If you wish to make any use of material on our site other than that set out above, please contact us.

    ↑ Back to top

  15. Links from our site

    Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

    ↑ Back to top

  16. Intellectual property rights

    We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

    You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organization to material posted on our site.

    You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

    Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

    You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

    ↑ Back to top

  17. Trademarks

    The Waypoint and the arrow logo are registered trademarks are registered trademarks of 247Seas Limited.

    ↑ Back to top

  18. Jurisdiction and applicable law

    The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

    ↑ Back to top

  19. Variations

    We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

    Thank you for visiting our site.

    ↑ Back to top