Nautiste Policies and Terms

Last Updated: 5/4/23

TERMS OF SERVICE FOR CUSTOMERS

These Terms of Service for Customers (“Terms of Service”) are between you, the person making use of the Service, (“you”, “your”, “Customer”) and Nautiste LLC. (“Nautiste”, “we”, “us”, or “our”), and describe your rights and responsibilities when using our online booking, charter reservation, catering coordination and facilitated payments (“Service”). Please read them carefully. These Terms of Service are a legally binding contract between you and Nautiste, a concierge company for boating experiences. You understand that Nautiste works with Charter Companies and Caterers (“Provider” or “Providers'') that you will contract with directly. Nautiste acts as a limited purpose coordination and payment concierge on your behalf, allowing customers like you to book and pay for charter and dining experiences online and using our concierge services. Upon completion of a booking, you confirm that you have read, understand, and agree to be bound by these Terms of Service along with any other terms or third-party contract that you’re provided with during the booking process.

1. Relationship between you, the 

TERMS OF SERVICE

1. Upon using the Service to complete the online reservation process and purchase a Provider’s product or service (“Booking”), you enter into a direct contractual relationship (“Third Party Agreement”) with the Provider(s). These are charter and catering agreements and Nautiste is not a party to the Third-Party Agreement.

2. You agree that the Provider(s) are solely responsible for (i) performing all obligations under the Third-Party Agreements, and (ii) informing you of any relevant policies and practices that you are required to comply with.

3. Nautiste does not (i) exercise any control or authority over Provider(s), its employees, agents, or representatives; (ii) own, sell, furnish, provide, rent, manage, or control the Provider(s)’ products and services; or, (iii) own or possess any right, title, or interest in Provider.

4. Nautiste and its Provider(s) operate independently, and you agree that nothing in these Terms of Service shall be interpreted to create an association, joint venture, agency relationship, or partnership between Nautiste and Provider(s).

5. Nautiste’s responsibilities are limited to providing the Service for your use, which includes (i) facilitating all payments for Bookings made using the Service, (ii) acting as a limited purpose payment agent on your behalf to collect the amount to be paid to the Provider(s) under the Third Party Agreement for the purchased product or service (“Activity Fee”),  (iii) paying the Activity Fee to the Provider(s) on your behalf and (iv) coordinating with the Providers to provide you with a complete onboard experience. To fulfill these responsibilities, Nautiste engages with (licensed) payment services providers.

6. The Provider(s) are solely responsible for the information regarding Provider(s)’ products and services that can be booked through the Service. More specifically: it is the Provider(s)’ sole responsibility that the information provided to you regarding Provider’s liabilities, products and services (and the terms and conditions related thereto) is complete, correct, adequate, and current. Nautiste is not an agent or representative of the Provider(s), and makes no representations or warranties of any kind, whether express or implied, to you relating to information about Provider(s)’ products and services.

CONDITIONS FOR MAKING USE OF THE SERVICE

1. To the extent prohibited by applicable law, the Service is not intended for and should not be used by anyone under the age of twenty-one (21). By using the Service, you represent that:
   
   1. you are at least twenty-one (21) years old;
   2. you possess the legal authority to enter into binding legal obligations; and
   3. you will only use the Service to make a legitimate Booking for yourself or for another person for whom you are legally authorized to represent.

2. If you or the person making use of the Service makes a Booking for another person/party, you or the person making use of the Service agree to assume responsibility for (i) informing the person/party of the terms set out in the Third-Party Agreement, and (ii) obtaining the person/party’s agreement to the terms of the Third-Party Agreement.

3. You or the person making use of the Service agree to refrain from using the Service to circumvent any obligation to pay a fee to Nautiste, e.g., locating a Provider but completing the transaction using means other than the Service.

ACTIVITY/BOOKING FEE

1. Nautiste charges, and you agree to pay, an Activity Fee for using the Service to obtain (and make payment for) a reservation for Provider(s)’ products or services and Nautiste will get a portion of that Activity Fee for making the referral (“Booking Fee”). 

2. The Booking Fee will be collected from you as part of the Activity Fee(s) and will be retained by Nautiste. You will be directed to an alternative site to purchase your food and beverage and Nautiste makes no representations and is not liable for that Third Party Agreement, including any liability associated with food allergies or alcohol use.

3. Additional fees or charges may be imposed by your financial institution.

RIGHT TO CANCEL, ERRORS AND MISTAKES

1. The information displayed on the Service may contain technical inaccuracies, typographical errors, or other discrepancies including, but not limited to, rates, fees, or availability in connection with your Booking. Because Providers control the information displayed in the Service, Nautiste cannot and does not endorse the accuracy of such information and makes no warranties or representation of any kind, whether express or implied. You agree that Nautiste is not responsible for any errors, inaccuracies, or omissions related to information displayed in the Service.

2. You agree that Nautiste has the right to make any changes, corrections, or cancellations to any errors, inaccuracies, or omissions in the Service (i) if requested to undertake such actions by the Provider, or (ii) if such actions are necessary to correct hardware or software error(s).

3. Nautiste is not responsible for communication failures, errors, difficulties, or other malfunctions, nor is it responsible for any lost, stolen, or misdirected transactions, transmissions, messages, or entries on or in connection with the Service. The Service may not be continuously available due to (i) maintenance or repairs, (ii) computer problems, (iii) disruptions in Internet service, or (iv) other unforeseen circumstances.

Access and Interference

1. You will not:
   
   1. Use any robot, spider, scraper or other automated means to access the Service for any commercial purpose without express written permission of Nautiste or its licensors;
   2. Take any action that imposes, or may impose in Nautiste’s sole discretion, an unreasonable or disproportionately large load on our infrastructure; 
   3. Interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or
   4. Bypass any measures Nautiste may use to prevent or restrict access to the Service. Nautiste retains the right at its sole discretion to deny access to anyone to this Service, at any time and for any reason, including, but not limited to, for violation of these Terms of Service.

INTELLECTUAL PROPERTY RIGHTS

1. Nautiste grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service and the content made available through the Service solely for the purposes it is being made available for. This license does not include any collection and use of any images or third-party content on the Service; any derivative use of the Service or its contents; any downloading or copying of customer or account information for the benefit of a third-party; or any use of data mining, robots, scraping or similar data gathering and extraction tools. Except as expressly permitted by these Terms of Service, the Service, or any portion thereof, may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Nautiste’s express written consent.

2. All of the content featured or displayed on the Service, including without limitation, text, graphics, photographs, images, sound, and illustrations (“Content”), is owned by Nautiste, its licensors, vendors, agents or Providers. All elements of the Service, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.

3. All trademarks, service marks and trade names of Nautiste used in the Service (including but not limited to: Nautiste’s name and logo; the Service’s name, design, and any logos) (collectively “Marks”) are trademarks of Nautiste or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Service, without Nautiste’s prior written consent. Nautiste prohibits the use of the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance. You shall not use Nautiste’s name or any language, pictures or symbols which could, in Nautiste’s judgment, imply Nautiste’s endorsement in any written or oral advertising, presentation, brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

4. The Service contains links to external websites that are not owned, operated, or controlled by Nautiste or its affiliates. All such links are provided solely as a convenience to you or the person making use of the Service. Neither Nautiste nor any of its respective affiliates are responsible for any content, materials or other information located on or accessible from any other websites. Nautiste and its affiliates do not endorse, guarantee, or make any representations or warranties regarding any other websites, services, or any other information located or accessible from any other websites or services. If you or the person making use of the Service decide to access any other websites, this person does so entirely at their own risk.

PRIVACY

1. Nautiste processes your personal information (e.g . financial data and full name) provided by you for the purposes as described in Section 1. Nautiste relies on the legal basis that the processing of your personal information is necessary for entering into and the performance of a contract. If you do not provide us with the required personal information, we are not able to provide you the Service.

2. After providing the Service, your personal information will be shared with the Provider(s) so the Provider can perform the Third-Party Agreement(s). Your personal information will be processed further by the relevant Provider, in accordance with their own policies. For such processing of personal information, the relevant Provider is responsible as the data controller. Therefore, if you have a request or a complaint regarding the processing of your personal information by the Provider, please contact said Provider directly. In addition, we may share your personal information with third party service providers who assist us in operating our Service, such as payment service providers and web hosting companies.

3. Nautiste will process your information for as long as our processing purpose and our legitimate interests in documentation and keeping evidence require it or storage is a technical requirement, unless Nautiste is legally required to keep your personal information, for example in connection with contractual obligations or supervisory and tax obligations. If there are no contrary legal or contractual obligations, we will delete or anonymize your information once the storage or processing period has expired as part of our usual processes.

TERMINATION

1. Nautiste may suspend or terminate the use of the Service at any time in case of a breach of the obligations under these Terms of Service by you or the person making use of the Service.

LIMITATION OF LIABILITY

1. Nautiste does not assume any responsibility for and is not liable for any damages to computers, equipment or other property of you or the person making use of the Service caused by or arising from their access to, use of, or browsing of the Service, or their downloading of any information or materials from this Service.

2. In no event will Nautiste, or any of its officers, directors, employees, shareholders, affiliates, agents, successors or assigns be liable to you, the person making use of the Service, or anyone else for any indirect, punitive, or consequential damages (including but not limited to those damages resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of using the Service (or the materials, information or other content contained on the Service) whether on the basis of contract or on any other legal basis.

3. In the event of any problem with the Service, you or the person making use of the Service agrees that their sole remedy is to cease using the Service.

4. In the event of any disputes or disagreements between you and the Provider, you agree (i) that Provider is fully responsible and solely liable for any injuries, losses, or damages arising out of said disputes or disagreements, and (ii) that Nautiste assumes no responsibility and no liability for any injuries, losses or damages arising out of said disputes or disagreements.

5. In no event shall Nautiste’s total liability to you or the person making use of the Service (whether based on contract or tort or otherwise) exceed in the aggregate the greater of (a) the Booking Fee, or (b) one hundred US Dollars ($100).

6. For the avoidance of doubt, nothing in these Terms of Service shall limit or exclude Nautiste’s liability for: (i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by applicable law.

MISCELLANEOUS

1. Choice of Law/Mediation. These Terms of Service shall be exclusively governed by and construed in accordance with the laws of the District of Columbia. You agree that any claim or cause of action under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Nautiste and you arising out of or in connection with your use of the Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the dispute is not resolved in thirty (30) days, the parties shall proceed in good faith to submit the matter to mediation in the District of Columbia. Costs related to mediation shall be mutually shared between or among the parties. Unless otherwise agreed in mediation, the parties retain their rights to proceed to arbitration or litigation.

2. Severability. If any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect.

3. Entire Agreement. These Terms of Service and the Privacy Policy together constitute the entire agreement between you and Nautiste, govern your use of the Service, and supersede any prior understandings or agreements with respect to the same subject matter between you and Nautiste (written or oral).

4. Waiver. Nautiste’s failure or delay to enforce any rights or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service.