Welcome to Boat Next Door

These terms and conditions outline the rules for the use of Boat Next Door’s website at https://boatnextdoor.com.au

By Accessing this website you accept these Terms and Conditions in full.

Do not continue to use Boat Next Door website if you do not accept these terms and conditions and Boat Next Door’s policies and procedures.

  1. General Terms & Conditions

Boat Next Door provides an online boat sharing platform that connects owners of water watercrafts or other water recreational watercrafts with travelers and locals seeking to book those watercrafts (Products).  Boat Next Door is accessible online including at boatnextdoor.com.au and as an application for mobile devices.  The Boat Next Door Websites, blog, mobile applications, and associated services relating to the rental or lease of a water watercraft are collectively referred to as “the Services”.  By accessing or using the Services, including by communicating with us or other Boat Next Door users, you agree to comply with, and be legally bound by, the provisions of these terms and conditions, whether or not you become a registered user of the Services.  These terms and conditions govern your access to and use of the Services and constitute a binding legal agreement between you and Boat Next Door Pty Ltd (ACN 642 121 882), (Boat Next Door).

  • Booking terms and conditions
    • By using the Website boatnextdoor.com.au (Website) you agree to the terms and conditions set out below.
    • On the Website and in these booking conditions Boat Next Door and entities that are related to or affiliated with it in the provision of the Services it agrees to provide (where the context admits, together with its and their employees and agents) are included in the expressions the “Company”, “Boat Next Door”, “we”, “our” or “us” and a person taking advantage of the Services offered by Boat Next Door, all other persons (if any) included with that person in the booking are included in the expression “you”, “your”, a “client” or “guest”.
  • Agreement

This agreement is between you and Boat Next Door.  By visiting and/or using the Website you agree to be bound by the terms of this agreement.  We may modify our terms and conditions without notice at any time where such amendment does not substantially effect your rights and obligations.  If such changes of our terms and conditions substantially effect your rights and obligations we will notify you by email with these changes as they occur.  By using our Website to search for and/or book and/or purchase the Products and/or Services offered, you are indicating that you have read this agreement and you accept the terms and conditions set out in this agreement.

  • Registration
    • In order to purchase a Product or use a Service, you need to be a registered member of the Website. When registering to become a member, you must provide Personal Information (as this term is defined in the Privacy Act 1988 (Cth)) including your first and last name, and a valid email address.
    • You agree to provide accurate and complete information and to keep this information current. Your information is stored securely, and will only be used and disclosed in accordance with our Privacy Policy.
    • You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
    • If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you should notify us immediately at support@BoatNextDoor.com.au. We are not liable for any unauthorised use of your account.
  • Capacity

By making a booking and/or purchase through the Website you warrant that you are over 18 and that you have the legal right and ability to enter into a legally binding agreement with us.  No persons under the age of eighteen (18) are permitted to use the Website or to sign up as a member of the Website.

  • Website changes

We reserve the right to change, alter, vary or amend the Website at any time.  We may in our sole discretion terminate your account or restrict your access to the Website.  If we do this, you may be prevented from accessing all or parts of the Website, your account details, or other content contained in your account.

  • Use of Website by you
    • You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
    • You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website except with our prior written consent.
    • You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content therein.
    • You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
    • You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
    • We reserve the right to cancel your registration at any time, subject to our complete discretion. In the event that you have previously booked a Service or purchased a Product, we will email you a copy of any confirmation prior to cancelling registration.  In the event of cancellation of registration, our decision is final and binding.
  • Information on this Website
    • Information about our Products and Services on the Website may be based on material provided by third party businesses, merchants or hosts. We do our best to verify the information provided to us by merchants and hosts but we cannot guarantee its accuracy on all occasions.
    • You understand and agree that we cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to us by third party businesses, merchants or hosts.
    • You agree to make your own enquiries to verify information provided and to assess the suitability of Products before you purchase or make a booking.
    • All imagery and video on the Website are for representational purposes only.
  • Orders
    • Orders made by you to rent a Product are made under the specific terms and conditions in this agreement, together with any specific terms and conditions of the host. Promotion of offers on the Website does not constitute a legally binding offer, but rather, are an invitation to treat.
    • We reserve the right to accept or reject your order for any reason (or no reason) at any time after that order has been made, including, but not limited to, the unavailability of any Product or Service, an error in the price or Product or Service description, or an error in your order. If we cancel your order, we will provide a full refund of any payment received.  Once placed, you cannot cancel your order except as set out in this agreement.
  • Price
    • For bookings on Boat Next Door, the prices that are listed at the time of your booking for the Services on the Website apply. The prices are final prices inclusive of GST (except where stated otherwise) and all other price components (including relevant taxes and charges).
    • There may be additional surcharges which are payable directly to a third party service provider which will be referred to in the relevant offer. Prices of Products and Services are current at time of display however are subject to change.
  • Payment

All payments must be received in full prior to a confirmation being issued.  If your payment is not received or declined by your bank or credit card issuer, we cannot ‘hold’ packages on your behalf.

  • Booking confirmation

Your booking confirmation will be accessible via your account with us.  You agree that we are not liable for any loss suffered as a result of you being unable to download, print or access a booking confirmation.

  • Liability
    • All information, such as comments, messages, text, files, images, photos, video, sounds and other materials (Content) posted on, transmitted through or linked from the Website are the sole responsibility of the person from whom such Content originated. You understand that we do not control and are not responsible for Content made available through the Website unless it originates from us.  Consequently, by using the Website you may, contrary to this agreement and our intentions, be exposed to Content that you find offensive, indecent, inaccurate, misleading or otherwise objectionable.  You use the Website at your own risk.
    • In the absence of its own negligence neither the Company nor any agent or affiliate shall be liable for any loss or damage to baggage or property, or for injury, illness or death, or for any damages or claims whatsoever arising from loss, negligence, delay or from the act, error, omission, default or negligence of any person not its direct employee or under its exclusive control, including any act, error, omission, default, or negligence of any country, government or governmental authority, officer or employee. Neither the Company nor any agent or affiliate is responsible for any criminal conduct by any third parties.
    • All bookings agreed to be made by the Company with the provider of any Product or other Services are subject to the terms and conditions imposed on such provider in relation to matters that may not be expressly the subject of our agreement with them and, in particular, to the applicable laws, requirements and policies of any government, governmental authority or employee including, licensing, entry, exit or transit.
    • The Company does not accept responsibility or liability for any acts, omissions or defaults whether negligent or otherwise, of suppliers.
    • Neither the Company nor any agent or affiliate accepts any responsibility or liability of any nature whatsoever including but not limited to contract, in tort or under any other law for any injury, damage, loss, delay, additional expenses or inconvenience caused by your own acts and/or omissions, or other events which are beyond their control including force majeure or other events including but not limited to war, civil disturbance, fire, floods, severe weather, acts of God, acts of government or any other authorities, failure of equipment or machinery.
    • Neither the Company nor any agent accepts any responsibility or liability for your acts, omissions, defaults, conduct, and state of health, condition or circumstances. Every effort is made to ensure Website accuracy at all times.  However, the Company cannot be held responsible for printing or typographical errors or errors arising from unforeseen circumstances.
  • Indemnity

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.

  • Complaints or problems
    • We endeavour to ensure that the Products and Services will be provided to you as arranged. If a problem occurs, we will attempt to deal with it in the most practical way.
    • We have no liability (including for loss or damage) for any act, omission or default, whether negligent or otherwise of any third party businesses, merchant, host or yourself. If you wish to make a complaint in respect of a host, you must email that complaint to support@BoatNextDoor.com.au.
  • Intellectual Property
    • We reserve all intellectual property rights, including but not limited to, copyright in material and/or Services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
    • Other trademarks used on the Website that belong to third parties are used with their consent and remain the intellectual property of that party.
    • If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the Website and developing your ideas and suggestions for improved Products or Services we provide.
  • Change of control

Subject to relevant laws, if we merge, sell or otherwise change control of our business or this Website, we reserve the right, without giving notice or seeking consent, to transfer or assign your Personal Information, content and rights that we have collected from you and any agreements we have made with you.

  • Communication by us

As a condition of registering for Boat Next Door, you consent to us sending you Administrative Emails and Promotional Emails.  In this agreement:

  • ‘Administrative Emails’ involve details of account activity and purchases and/or bookings you have made; and
  • ‘Promotional Emails’ consist of Product information and new offers. You may choose to opt-out receiving promotional emails anytime by simply clicking the unsubscribe button at the bottom of our emails.  More details about these emails can be found in our Privacy Policy.
  • Violations
    • Boat Next Door has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the agreement to the fullest extent permissible by the law.
    • Boat Next Door reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Boat Next Door, at its sole discretion, considers to be objectionable for any reason, in violation of these terms and conditions, or otherwise harmful to the Services or our community. If we believe you are abusing Boat Next Door, our users, or any other person in any way or violating the letter or spirit of any of these terms and conditions, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Boat Next Door Account and access to the Services, remove hosted content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services.  Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.
  • Policy enforcement

When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies.  We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.

  • Insurance

Boat Next Door is not an insurance company and does not insure hosts or guests.  Please refer to the specific terms for guests and specific terms for hosts sections below for additional information based on the nature of your use of the Services.

  • Governing law

This agreement will be governed by and interpreted in accordance with the laws of New South Wales, Australia.  You irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales.

  1. Specific terms for guests

The following sections also apply if you book or purchase a Product using the Services:

  • Guest commitments
    • As a guest, you commit that you will be a legally licensed driver and provide proof to the host or via the Services of a current, valid license to operate a water watercraft. You will use care and diligence in operating the watercraft and any applicable Extras and will take all reasonable measures to return the watercraft and any applicable Extras on time and in the same condition as received.  You will not allow anyone other than a person listed in the trip details as an Approved Driver to operate the watercraft you booked.
    • Each watercraft has a maximum capacity. You must not allow your passengers to exceed the maximum capacity allowed for each watercraft.
    • Each guest must comply with the relevant Covid-19 restrictions and mandates applicable at the time of using the Products.
  • Guest financial responsibility for physical damage to the watercraft
    • The guest that booked the trip (Primary Guest) is financially responsible for all physical damage to or theft of a booked watercraft that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the watercraft, regardless of who is found to be at fault. This responsibility applies whether the Primary Guest has their own watercraft insurance or not.
    • Hosts can chose to be insured against damage for their own vessel under their own insurance policies however in some cases they may chose not to. Most hosts offering a watercraft for sharing on the Services cannot offer liability insurance to you unless they are adequately insured. Where insurance cover is not offered by the host, 2.2a of this document applies to legal liability.
    • If the Primary Guest has their own personal watercraft policy, it will be the primary insurance policy for the Primary Guest, where the Primary Guest books the watercraft, and/or where the accident or damages occur.
    • When you book a Product on Boat Next Door, you agree that if any damage occurs to the booked Product during the booked trip, you will not require Boat Next Door to make a claim for coverage under any policy of insurance that applies to the loss, but will make the claim under your own policies.
  • Use of the watercraft
    • When you book a Product on the Services, you must use the Product only for your personal use and not for any commercial purposes (e.g. driving other passengers for a fee or delivering food or other packages) unless you have express written permission from the Boat Next Door Legal Department in advance.
    • You may not access a water watercraft until the trip start time and you must return the vessel within 30 minutes of the return time to the correct location. In all cases, regardless of the agreement with the host, the vessel must be returned no later than dusk.
    • You must present the host with a current, valid license to operate the water watercraft.
    • You must exercise reasonable care in your use of the watercraft. You are required at all times to operate the watercraft safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving.  In the event Boat Next Door has any concern about your use of a watercraft, Boat Next Door may terminate your trip in its discretion at any time and require the return of the watercraft, including recovering the watercraft on behalf of the host.
    • You are required to wear the appropriate level life jackets, in accordance with the vessel, during the operation of the watercraft and to require that all of your passengers wear life jackets. You are also required to meet any laws or regulations concerning child safety and other protections for children. You must not leave the water watercraft unattended or with the keys unsecure (such as in the ignition).
    • You must not engage in any of the following prohibited uses with any Product you book through the Services.
  • Racing of any vessel is prohibited under the terms of hire.
  • Overloading the watercraft past capacity is prohibited
  • Parascending, paraskiing or parakiting is not allowed under any circumstance unless specific insurance is held by the host where such activity is covered under hire.
  • Reckless or inappropriate use of the vessel, including but not limited to speeding, driving under the influence, coming dangerously close to individuals, land or other vessels.
    • If you have any concerns about your planned use, please contact support@BoatNextDoor.com.au. If you misuse a watercraft, you will be fully financially responsible for any related claims, loss, or damage.  Guests also acknowledge that using a watercraft in a prohibited manner or otherwise breaching the agreement may lower available liability coverage to legal minimum limits, or nullify any insurance coverage, and may furthermore nullify any comprehensive or collision protection where allowed by applicable law.
  • Condition of the watercraft
    • You understand that third parties own the Products offered through the Services. Each host is responsible for complying with all legal requirements (including ensuring the watercraft is registered and insured) and maintaining their watercraft(s) in safe and seaworthy condition.
    • Please complete a visual inspection before you begin your use of the watercraft. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation as described here to ensure you are not held responsible for pre-existing damage.  If you find damage on your initial inspection and fail to report it, Boat Next Door, third-party administrators, or insurance partners, may assume that the damage occurred during your reservation period.  If, after your initial inspection, you believe that the watercraft is not safe to drive, please do not use the watercraft; instead, please contact the Boat Next Door team immediately at support@BoatNextDoor.com.au.
  • No responsibility for shared watercrafts

You acknowledge that Boat Next Door is not responsible and shall not be liable for the safety, seaworthiness, or legal status (e.g., whether the watercraft is legally registered or the subject of a stolen watercraft report) of any Products shared via the Services beyond our policies that require hosts to ensure their watercrafts are in safe and operable condition, legally registered to be driven on public waters, not subject to a missing or stolen water watercraft report, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.

  • Watercraft theft

The following conduct may result in the reporting of the Product you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of any insurance policy:

  • if you fail to return the watercraft you booked at the time and place agreed upon with the host and/or designated in your reservation;
  • if you do not return the watercraft by the end of the reservation period and you have not properly obtained an extension of the reservation through the Services;
  • if the watercraft is returned to any place other than the return location on the reservation or agreed upon with the host. Any damage to, or loss or theft of, a watercraft occurring prior to the host inspecting the watercraft upon return at the end of the reservation is the guest’s responsibility;
  • if you misrepresent facts to the host pertaining to booking, use, or operation of watercraft;
  • if the watercraft’s interior components are stolen or damaged or the watercraft itself is stolen or damaged when the watercraft is left unlocked or running or unattended with the keys not secured during reservation period;
  • if you fail or refuse to communicate in good faith with the host, police, Boat Next Door, or other authorities with a full report of any accident or vandalism involving the watercraft or otherwise fail to cooperate in the investigation of any accident or vandalism;
  • if the watercraft is operated by anyone who has given a fictitious name, false address, or a false or invalid PWC/Boat driving license, whose PWC/Boat driving license becomes invalid during the reservation period, who has obtained the keys without permission of the host, or who misrepresents or withholds facts to/from the host or Boat Next Door material to the booking, use, or operation of watercraft; or
  • the Primary Guest who books the reservation is responsible for any private investigation costs Boat Next Door deems necessary to recover a watercraft that is not returned. In addition, a $500 case administration fee will be imposed on the Primary Guest if Boat Next Door and/or the host has to report a watercraft as stolen to law enforcement due to it not being returned.
  • Repossession

Boat Next Door, a hired agent of Boat Next Door, or the host may repossess any watercraft booked through the Services without demand, at the guest’s expense, if the watercraft is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these terms and conditions.

  • Missing Watercrafts
    • If a watercraft you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the host, file a police report immediately after discovering the watercraft is missing or stolen, no later than 24 hours after discovering it has gone missing, and cooperate fully with the host, law enforcement, Boat Next Door, and other authorities in all matters related to the investigation.
    • Hosts may have GPS tracking devices installed in their water watercrafts which may be used at any time during the booking period to track the location of the water watercraft.
  1. Specific terms for hosts

The following sections also apply if you share your watercraft through the Services:

  • Host commitments
    • As a host, you commit that you will provide a safe and legally registered and insured watercraft, with current license plates, with a clean (non-salvage/branded/written off) title, and in good mechanical condition.
    • You will provide the Product on time but only to a guest who is listed on the Services as an Approved Driver for the trip.
    • You commit that your listings will be complete and accurate and you will honour all representations made in your listings, including honouring the price quoted to a guest. You will not cancel a booking for the purpose of seeking a higher price from a guest.
    • You will not offer any watercraft or optional extra (eg. additional kayaks or other entertainment (Extra)) that you do not yourself own or have authority to share or that may not be shared for compensation pursuant to the terms and conditions of any agreement with a third party, including, but not limited to, a lease or financing agreement.
    • You will not offer any Extra that is not safe, clean, and acceptable for the use it is intended. You will not offer any watercraft that is the subject of a missing or stolen watercraft report.  You will not offer any watercraft that is the subject of a safety recall without first properly addressing the matter subject to the recall.  You will not offer a watercraft that is not seaworthy (i.e., not registered to be used on water (if required legally)) in the location where it is shared and it will not have any illegal modifications to any part of the watercraft.  You will remove any firearms or other weapons from your watercraft prior to providing it to a guest.
  • Information given at registration
    • When you sign up for Boat Next Door, you will identify passenger watercraft(s) that you want to list for sharing through the Services. You will upload the relevant AMSA certification (if applicable) and photos of your vessel, engine (if applicable) and any supporting documents. E.g. Builders certificate and Declaration of Conformity. Each watercraft must meet the requirement as set out in the checklist being;
  • Appropriate amount of life jackets on vessel in accordance to maximum person capacity.
  • Builders plate visible
  • Safety checklist sticker near control panel is visible and all items on the safety checklist are onboard.
    • You may only use the Services in connection with Products that you own or otherwise have all the necessary rights and permissions to share.
  • Listing only on the Services

Any watercraft you list on the Services must be exclusively listed on the Services.  You cannot list any watercrafts you intend to share on the Services on any other boat sharing marketplace.  Failure to abide by this condition may result in fines, penalties, denial of physical damage claims, removal of the watercraft from the Services, account closure, or other action, in Boat Next Door’s sole discretion.

  • Boat Next Door photography
    • Boat Next Door may offer hosts the option of having photographers take photographs of their Products and/or hosts with their Products (Images). You alone are responsible for using the Images in connection with your Boat Next Door listing and you agree that you will cease using the Images if they no longer accurately represent your watercraft.  You agree that Boat Next Door is the sole and exclusive owner – or exclusive licensee, as allowed by applicable law – of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity, worldwide, in the Images regardless of whether you include them in your listing, and you shall take no action to challenge or object to the validity of such rights or Boat Next Door’s ownership or registration thereof.
    • You acknowledge that Boat Next Door may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation. Further, you waive any and all rights to royalties or moral rights you may have in the Images.  If you use the Boat Next Door photography program, you agree that you will not use the Images in connection with sharing your Product on any platform, website, or application other than Boat Next Door.  At Boat Next Door’s request, you will execute documents and take such further acts as Boat Next Door may reasonably request to assist Boat Next Door to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.
  • Product availability
    • Once a Product is booked, you must make the Product available or deliver the Product as expected by the guest. If you offer the guest the option to pick up the Product at a persistent specified location, you must supply the location of the watercraft accurately to Boat Next Door and ensure that the watercraft is available at that location at the beginning of the reservation period.
    • You must verify that a prospective guest has a current, valid water driver’s license before you provide the guest your watercraft, and ensure the water driver’s license matches the name on the reservation and that the person picking up the watercraft appears to match the photograph on a facially valid driver’s license.
    • If the product is not made available on the day, the host will be required to provide a full refund to the guest, in addition be charged a $200 admin fee by Boat Next Door unless a 24hr notice was provided to the guest. Any late drop offs, 1 hour pat the booking time, may incur additional charges from Boat Next Door up to the value of 15% of the booking cost.
  • Pricing, earnings, and payments
    • You will have the ability to set and revise the watercraft’s pricing as you choose. Boat Next Door will pay you the amount collected from guests that book your watercraft, less the applicable fees payable to Boat Next Door.  A description of fees is set out below: [9% + GST will be collected from the booking fee].
    • To the extent you owe Boat Next Door money for any reason, Boat Next Door also reserves the right to deduct those amounts from your earnings payment, debit your bank account, charge any of your payment methods on file, and/or send you an invoice.
  • Maintenance
    • You are required to regularly check your watercraft for any defects in its operations or safety. You promise that, at all times, your watercraft will be in safe and seaworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements.  You will only list watercrafts with a clean, non-salvaged, non-written off, non-washed, and non-branded title.  You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your watercraft to be booked.
    • In addition, if Boat Next Door believes that your watercraft does not conform to reasonable standards, Boat Next Door may notify you and reserves the right to remove or decline listing your watercraft until its concerns have been resolved. Boat Next Door may, but does not commit to, undertake efforts to ensure the safety of Products booked through the Services.
  • Condition of the watercraft

Please complete a visual inspection upon a guest returning your water watercraft.  If you find damage in your inspection, you should upload photos of such damage at the end of the guests’ reservation to ensure you can claim against the guest for any damage caused by the guest.  If you find damage on your inspection and fail to report it, the guest may assume that the damage occurred after the guests’ reservation period.

  • Insurance

You will maintain valid and up to date registration information and proof of insurance in any Product you share on the Services.  You must maintain your own watercraft insurance policy for any watercraft you list on the Services and such policy must meet any minimum insurance levels required by law. You agree to provide Boat Next Door with information regarding your auto insurance policy as may be requested and to keep such information up to date.

  1. Prohibited activities
    • Racing of any vessel is prohibited under the terms of hire.
    • Overloading the watercraft past capacity is prohibited
    • Parascending, paraskiing or parakiting is not allowed under any circumstance unless specific insurance is held by the host where such activity is covered under hire.
    • Reckless or inappropriate use of the vessel, including but not limited to speeding, driving under the influence, coming dangerously close to individuals, land or other vessels.

In connection with your use of or access to the Products and Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:

  • Violate any law, including:
    • breach, violate, and/or circumvent any local, state, territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights;
    • post false, inaccurate, misleading, defamatory, or libellous content; or
    • infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Boat Next Door, or that comes from the Services and belongs to another Boat Next Door user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Boat Next Door;
  • Dilute, tarnish, or otherwise harm the Boat Next Door brand in any way, including:
    • through unauthorized use of the Services and/or user content;
    • registering and/or using “Boat Next Door” or derivative terms in domain names, trade names, trademarks, or otherwise; or
    • registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Boat Next Door domains, trademarks, taglines, promotional campaigns, or Boat Next Door and/or user content;
  • Provide or submit any false or misleading information, including:
    • false name, date of birth, water driver’s license details, payment method, insurance, or other personal information;
    • in relation to a claim (for example about damage to a watercraft);
    • by registering for a Boat Next Door Account on behalf of an individual other than yourself; or
    • impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity
  • Fail to honour your commitments, including:
    • fail to pay fees, penalties, or other amounts owed to Boat Next Door or another user;
    • fail, as either a guest or host, to timely deliver, make available, or return any watercraft and optional Extras;
    • use the Services to find a host or guest, and then complete a transaction partially or wholly independent of the Services, for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of the Services by Boat Next Door;
    • transfer your Boat Next Door Account and/or user ID to another party without our consent; or
    • leave a watercraft unlocked or running with the keys inside, except where instructed to do so directly by Boat Next Door in certain limited circumstances;
  • Harm or threaten to harm users of our community, including:
    • harass, stalk, or defame any other Boat Next Door user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a host or guest in accordance with these terms and conditions;
    • engage in physically or verbally abusive or threatening conduct;
    • use the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers; or
    • sue or assert legal claims against Boat Next Door or a Boat Next Door user in any manner prohibited or waived by these terms and conditions;
  • Use the Services for your own unrelated purposes, including to:
    • contact another Boat Next Door user for any purpose other than in relation to a booking, watercraft, listing, or the use of the Services by such user;
    • commercialize any content found on the Services or software associated with the Services, including reviews;
    • harvest or otherwise collect information about users without their and our consent; or
    • recruit or otherwise solicit any user to join third-party services or Websites that are competitive to Boat Next Door, without our prior written approval; or
  • Interfere with the operation of the Services, including by:
    • interfering with any other user’s listings
    • using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g. spam)
    • distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm Boat Next Door or the interests or property of others;
    • bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure;
    • systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise;
    • using, displaying, mirroring, or framing the Services or any individual element within the Services, the Boat Next Door name, any Boat Next Door trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without the express written consent of Boat Next Door;
    • accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers;
    • attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures;
    • avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Boat Next Door or any of our service providers or any other third party (including another user) to protect the Services;
    • using the Services to send altered, deceptive, or false source-identifying information;
    • attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; or
    • endeavouring to circumvent a suspension, termination, or closure of your Boat Next Door Account or the account of another Boat Next Door user, including, but not limited to, creating a new Boat Next Door Account or listing watercrafts affiliated with or registered to a Boat Next Door Account holder that has been suspended, terminated, or closed.

Last Updated: March 2022


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