Platform Terms of use

Last update: March 7, 2023

1. REGISTRATION TO THE PLATFORM

1.1 In order to register to the Platform, the User must be at least 18 years old or have reached the legal age required by the country of origin.

1.2 In order to create an Account, the User must fill in the specific form on the Platform and acknowledge and accept in full the General Terms and Conditions and other terms and conditions that form an integral part thereof, such as (i) these Platform Terms of use, (ii) the policies related to Travellers (the "Traveller Policy") and Providers (the "Provider Policy"), (iii) the Code of Conduct (iv) and the Privacy Policy (altogether, the "Agreement"). In the event of failure to fully accept the Agreement, the User will be denied access to the Platform.

1.3 During the registration process, the User selects the username and password that allow the access to the Platform. Username and password are of a confidential nature. The User is the only responsible for the use of his/her personal Account and his/her own identification data, as well as the only person responsible for the confidentiality of these data.

1.4 The User ensures to have provided accurate, honest, complete and updated information in his/her profile during the registration process or at a later stage, regarding identity, age, gender, experience, skills and personal data in general.
The User commits to promptly update his/her profile with all personal information; he also preserves its accuracy in his/her interest and in relation to the purposes of the Platform.

1.5 The User is responsible for his/her Account and he is obliged to carefully preserve his/her own access data in order to prevent unauthorised access to the Platform via his Account. The User will be responsible under any circumstances for whatever is being done with his/her Account by third parties. The User must promptly inform Sailsquare about any unauthorised use of his/her Account, as well as about any violation of privacy and security of his/her means of identification.

1.6 Sailsquare grants the User a non-exclusive, personal and non-transferable right to use the Platform, as well as the information stored therein, in accordance with the purposes of the Platform and in compliance with the provisions of the Agreement. Any other use or exploitation of the Platform and the information contained therein other than the aforementioned purposes is prohibited.

2. USER GENERATED CONTENT

2.1 The User may publish content and exchange information with other Users through the Platform’s features, such as:

• Providers and Travellers can exchange messages related to the organisation of an Experience. Under no circumstances are Providers and Travellers allowed to publish and/or exchange personal contact details such as, by way of example, telephone numbers, addresses, messaging service accounts (e.g. Skype, Whatsapp, etc.), social networks profiles, personal or corporate websites or blogs, etc., before purchasing the Experience;
• Travellers, at the end of an Experience they have taken part in, can leave a review of the Experience through the features made available by the Platform.

2.2 Sailsquare has full powers and discretion on posting, uploading, forwarding, sending and broadcasting content posted by Users. Furthermore, the User entrusts to Sailsquare a global, irrevocable, permanent, non-exclusive, transferable and lacking of copyright licence together with the right of sublicensing, using, viewing, copying, adapting, modifying, distributing, licensing, selling, transferring, showing publicly, broadcasting, streaming, spreading, accessing, viewing and exploiting the User’s content on or through the Platform. Sailsquare does not claim under any circumstances the right of ownership on the User’s content; furthermore, there are no limitations to rights for the User to use or exploit the aforementioned content.

2.3 The User remains solely responsible for all content made available on the Platform.

2.4 Sailsquare reserves the right to remove any content published in violation of the provisions of art. 4 below.

3. USER OBLIGATIONS AND PENALTIES

3.1 When using the Platform, the User commit himself to:

• communicate exact, truthful and complete information at the time of registration to the Platform, as well as during the use of the same, with particular reference to his/her identity, age, experience and skills, and the possession of any qualifications for the operation of ships and boats and, more generally, of all the qualifications, authorizations and permits required to propose Experiences on the Platform;
• not to use false identities aimed at hiding their own identity;
• not to activate more than one Account that can be traced back to the same person, even using different email addresses or Facebook/Google profiles;
• respect the existing applicable legislation;
• use the Platform only in accordance with the aim of the Platform, the existing provisions, these Platform Terms of use, General Conditions, Privacy Policy and Code of Conduct;
• respect the intellectual property rights related to content provided by Sailsquare and by other Users, as well as intellectual property rights of third parties; therefore, the User must avoid reproducing and/or communicating content through the Platform, without the authorization of the rightholders related to this content, when the aforementioned authorization is required;
• communicate to Sailsquare and other Users only information that cannot damage under any circumstance other Users, Sailsquare or third parties;
• not to publish information or content of defamatory, vulgar, offensive, violent or inciting violence nature, as well as information of political, racist, xenophobic nature and, in general, content that may be in contrast with applicable laws and norms or with public decency or that violate Sailsquare and third parties rights;
• not to publish information or content aimed at reducing or preventing the regular use of the Platform, or interrupting and/or slowing down the regular flow of communication among Users;
• not to post reviews that do not represent the personal experience of its author;
• not to post reviews encouraged by promises of payment, additional services or discounted rates;
• not to post reviews motivated by a threat of extortion (e.g. the threat of a negative review in an attempt to force a Provider to grant a refund);
• not to propose to Users experiences, boat rental and charter services or other services similar to those published on Sailsquare, outside the Platform;
• not to participate or organise an Experience by circumventing the booking and payment system provided by the Platform;
• not to direct Users on other websites or services that are not managed by Sailsquare;
• not to use the Platform to advertise and/or promote other commercial activities or services of third parties;
• not to suggest, accept or make a payment for an Experience bypassing the Platform. In such circumstances the User assumes every risk and responsibility associated to that payment and commits to exclude Sailsquare from any responsibility related to that payment;
• not to collect information related to Users in order to send them commercial information or equivalent.

3.2 In the event of violation by the User of the provisions set out in points 13, 14, 15, 16 above, the User responsible for the violation shall be liable to pay a penalty of 10,000.00 (ten thousand/00) euros for each detected violation, without prejudice to any greater damages.

3.3 In case of violation by the User of the provisions of this article and, in any case, if his/her behaviour damages Sailsquare, other Users of the Platform or third parties, or prevents the use of the Platform by another User, Sailsquare reserves the full right to delete or suspend the Account of the User, delete any posted content that violates what stated above, block the access to the Platform or a part of it, temporarily or permanently, and denying any right of compensation to the User.

3.4 The User is encouraged to report to Sailsquare any behaviour or content on the Platform that is clearly contrary to these rules, in order to adopt the appropriate measures for the protection of Sailsquare and the Users of the Platform.

4. USER LIABILITY

4.1 The User has the responsibility to take adequate precautions to protect his/her own information, PC systems and/or the software used to access the Platform from infections of potential viruses, malwares and cyber attacks in general.

4.2 The User is the only responsible for the use of the information, messages or data of any kind that are available on the Platform; no party different from the User will be held responsible under no circumstances for decisions or initiatives taken by the User on the basis of that information.

4.3 The User is the only responsible for the use made of the Platform and, more generally, of any other use or action taken from his/her own Account.

4.4 The User is responsible for all data and content that he/she made available on the Platform.

5. LIMITATION OF LIABILITY OF SAILSQUARE

5.1 Sailsquare is entitled to change, modify and update the content of the Platform at any moment without prior notice to the User and cannot be held liable for any mistakes, inaccuracies or omissions that might be found in the content of the Platform.

5.2 Sailsquare will not be held liable for: (i) any transmission on the User’s devices of potential viruses or harmful content originated from third parties; (ii) temporary suspensions or interruptions of the Platform; (iii) any consequence deriving from the use made by the User of the information, content and data obtained from the Platform; (iv) the aforementioned imperative provisions regarding violation by the User towards third parties (v) any loss or damage deriving from or in any way related to the use and functioning of the Platform including - without any restriction - damages for loss of business and profits, interruption of the activity, loss of commercial information i.e. any other type of financial loss.

5.3 Sailsquare has no general duty to monitor data and content provided by Users, as well as the duty to delete content that may appear not expressively unlawful, regardless of the fact that Sailsquare is being informed or not about this content. Sailsquare is also not responsible for the content of websites belonging to third parties that are potentially reachable by hypertextual links on the Platform.

5.4 Under no circumstances shall Sailsquare be held liable for any damage resulting from errors, omissions or inaccuracies contained in the information provided by a User when registering with the Platform or at a later date.

6. INTELLECTUAL PROPERTY

6.1 Sailsquare is the owner of the Platform, of its technical, graphic and textual elements, except for content provided by the Users or third parties. More specifically, the Platform is created using software conceived and developed by Sailsquare, to which it belongs or over which the company holds intellectual property rights.

6.2 Sailsquare is, therefore, the only owner or licensee of the intellectual property rights regarding the Platform, its content, software and databases that allow its functioning. The use of the Platform does not grant to the User any rights on these elements, except for rights related to content provided by the User himself.