Terms and Conditions
Welcome to BoatAssist Services,www.boatassist.basco.asia(hereinafter referred to as the “BoatAssist” or “website”),which is owned and operated by BASCO BoatAssist PTE LTD, a company incorporated under SingaporeLaw, (hereinafter referred to as “BASCO” OR “BOATASSIST” ) and having its registered office address at 21 Bukit Batok Crescent #15-75 Wcega Tower, Singapore 658065.
The following“Terms and Conditions”will govern your access to, and use of BoatAssist services. Please read these “Terms and Conditions” carefully before using any services, as these “Terms and Conditions” area legally binding contract between the Users and BoatAssist.
This is an electronically generated document that doesn’t require any physical or digital signature for its authenticity. These terms have a bearing on your legal rights and duties.
For the purpose of this Agreement,terms like, “We”, “Our”, “Us”, “BoatAssist”, willrefer to the owner of the Website including its affiliates, licensors and representatives and the term “You”, “Yours”, “User”, “Buyers”, “Service Provider”, “Seller” refers to the User of the website. The term “User” shall mean and include the buyers and sellers availing the BoatAssist services and any person accessing or viewing this Website.
General Services Description
BoatAssist is an online boat services marketplace which allows boat owners (“Buyers”) to connect with the various boat service providers (“Service Provider” or “Seller”) fortheir required boat services. BoatAssist is not a direct service provider or an agent representative rather it just acts as passive conduit for providing a platform for communication. The actual transaction of providing services by the Service Providers shall be strictly based on a mutual contract between the Service Provider and the Buyer. The information on the website regarding the Service Provider and its services is solely for informational purpose and it shall be the sole responsibility of the users to decide the accuracy and authenticity of the information and whether to follow it or not.
While accessing or using the Website (http://boatassist.basco.asia/), you agree that you will not attempt to or otherwise do any of the following:
Use of the Services:
BoatAssist provides an online platform for boat service business and boat owners.The boat services generally include physical services carried out on boats and yachts but there may be instances where the users will be provided with consultation services regarding boats and yachts upon the payment of a certain fee.
The Boat Owners and the Service Providers shall have option to provide or avail the services included in the categories ofBoat Cleaning, Boat Yard Services, Crewing, Electronics, Hull and Exterior, Interior, Mechanical, Services and other sub-categories mentioned in the website.
Our Services are provided for the personal use by you or your organisation. You agree and represent that you will comply with all applicable federal, state, and local laws including, without limitation, copyright law, employment law, work visa’s and immigration laws while using our services. Additionally, you agree and represent that you have the required insurances including public liability insurance for working in marinas and on board yachts.
Except as expressly permitted in these Terms and Conditions or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its applicable owner. In certain instances, we may suggest, ask or otherwise permit you to download, install or print Service Content. In such a case, you may do so only in the manner authorised and for your non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing or printing Service Content.
Any software that is made available to view and/or download in connection with our Website is owned or controlled by us and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software. We accept no responsibility or liability in connection with any software owned or controlled by third parties. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.
Eligibility and Registration Process
To be listed as a Service Provider under this Website, you are required to sign up a user Account that registers you as a listed Service Provider for transacting purposes. Users or Boat Owners can view the services and search for the listed Service Providers without registering an account with us. However, for availing the services hereunder, it is mandatory for the Boat Owner to register an account with us.
If you are under the age of thirteen (18), then you are not permitted to register as a user or be listed as a service provider, or otherwise provide us any personal information. If the user is a minor and wishes to transact or use the website, it must be done under the supervision of a parent or legal guardian provided that such parent or guardian accepts the terms and conditions.
When creating an Account, you will be required to provide certain information and you will establish a username and a password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms and Conditions, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide you with access to the Website.
You should take all the necessary measures for maintaining the privacy of the username and password created upon registration and shall also be responsible for all the activities that occur under your account. We encourage you to use “strong” passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. You agree to immediately notify BoatAssist of any unauthorised use of the account or password. In case of any damage or loss arising out of user’s failure to comply with this provision, BoatAssist shall not be held liable.
Upon registration, the Service Provider is listed on the Website. The Service Provider thereby gets to post their specificservice details in accordance with their skills along with the service fee in its respective listing category. This enables the boat owners to view and select the suitable Service Provider as per their pre-defined criterions and requirement. BoatAssist shall not charge any fee for the posting of the services. Boat owners or buyers who need any specific service, can contact through the posted services of service provider and can hire any of the service provider who deem to be fit for their services. BoatAssist shall retain a certain % of fees from the whole service feepaid by the Buyer.
The planning of the services directory has been fully developed by BoatAssist.The website provides its Users with a set of tools enabling them to communicate directly with their chosen Service Provider via an integrated email service sent to a single contact at a time.
Each User accepts to strictly adhere to the “Terms and Conditions” of use of these tools defined in this “Terms and Conditions”. Failure to do so will result in the User being denied further access to these tools and functionalities.
Contractual relationship between Buyers and Service Providers
As a Service Provider or seller, if you offer any services,then you acknowledge and agree that the following statements, rules or terms andconditions will be applicable to you:
As a Buyer or Boat Owner, if you use any services offered by the any Service Providers, then you acknowledge and agree that the following statements, rules or terms and conditions will be applicable to you-
Communication Process between Buyers and Sellers
Communication with other Users on the Website must be conducted through the text, audio and or video chat functionality, along with message boards, public clarification boards, project message board, direct message sending and other communication channels provided on the Website.
You must not post your email address or any other contact information (including but not limited to Skype ID or other identifying strings on other platforms) on the Website, except in the “email” field of the signup form, at our request or as otherwise permitted by us on the Website.
Unless you have a prior relationship with a User, you must only communicate with Users via the Website. You must not, and must not attempt to, communicate with other Users through any other means including but not limited to email, telephone, Skype, ICQ, AIM, MSN Messenger, WeChat, SnapChat, GTalk, GChat or Yahoo etc.
In relation to video chat and audio chat, any terms agreed to between any Users must be confirmed in writing using the chat or direct message function.
BoatAssist may use information such as your name, location, display or username, and your image, in relation to themessaging services on the Website or in the mobile apps.
Service Fees or Commission system
The Service Fees or the rate for the services will be determined by the Service Providers offering the service.
BoatAssist will charge a certain % of fees or commission for every service successfully completed, as payment for using the platform and marketing the services. Fees and commission rates charged by us will beoutlined on the website. BoatAssist reserves the right to change such fees or commission rate from time to time by providing a reasonable notice period to the users. Such notices shall beposted on our Website (http://boatassist.basco.asia/) or emailed to the users to their registered email ids. Unless otherwise stated, all fees are quoted in SGD, USD or AUD or any other currency mentioned in the website.
For availing the Service offered by the Service Provider, the Buyer must designate and provide information about their preferred payment method. This information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorise us to collect from your Payment Method the fees charged for the Service.
The Buyer and Service provider agree that they are bound to make all transactions including but not limited to service fees, bonuses or other fees through the BoatAssist payment process.All fees for theServices will be billed automatically from the Payment Method opted by the Users.
Payment and Payments Process
BoatAssist does not operate an escrow service in relation to the Website (http://boatassist.basco.asia/). However, the service provided through the Website allows control of payments to be made with respect to a service, called Payment Clearing.
Subject to the User Contract, the Buyer can make a payment, which will be locked from the Buyer’s Account and cannot be claimed by the Service Provider until:
If a Buyer does not approve the Seller’s work, the parties may elect to resolve the issue as per the Dispute Management Clause.
If BoatAssist does not receive any instructions or information from a Buyer or Seller in respect of confirming a successfully completed service and the Payment is due, within a reasonable length of time following the day the Payment was paid and the Buyer has not logged into their Account during that time, the Payment will be unlocked and released to the Buyer.
Feedback, Reputation and Reviews
After successful completion of the services agreed upon between the Buyer and Service Provider, both the Buyerand Service Provider will be able to post reviews or feedback on the Website regarding their satisfaction with the service. The Users of BoatAssist agree that all feedback will be constructive and courteous.
The Users agree that the review and feedback posted onto the Website are not confidential and are the property of BoatAssist. The Users agrees to grant BoatAssist the right to use, copy, distribute, display, make derivative, and modify the posted reviews and comments without any restriction. User also agrees to grant BoatAssist right to use the name that has been submitted with the reviews or comments, in connection with such review or comment. The Users further agree not to post any reviews or feedback that violates any of our Terms and Conditions or any other person’s rights.
The Users may not do (or omit to do) anything that may undermine the integrity of the BoatAssist feedback system. We are entitled to suspend or terminate your account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
License to use the Website
This Website is made available for your personal use to get an understanding of the marketplace services we provide. You shall not attempt to sell, rent, copy, reproduce, duplicate, republish, redistribute or otherwise extract the source code of the website or exploit any material on this website or any part thereof. You further agree not to translate the Website into other language or make derivative versions of the Website. You represent that you will comply with all the applicable laws including the local laws of your country of residence while using the Website.
You may use the information available on the Website for your personal downloading purpose, provided that you do not remove any proprietary notice language in all copies of such documents and use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media and make no modifications to any such information, and do not make any additional representations or warranties relating to such documents.
The contents on the website including without limitation to graphics, data, text, layout, page headers, colour combination, button icons, photograph, arrangements, source code, software compilations and programming (including HTML or other codes) and any other materials, contained or available in the Website (excluding the contents posted by the users) are the copyrighted work of BoatAssistand protected by Singapore copyright law and other intellectual property laws.You agree not to copy, use, edit, modify, reproduce, publish, display, distribute, store, transmit, exploit or otherwise disseminate any such materials, in any form whatsoever, without the prior written consent of BoatAssist. Any such unauthorised act may violate Singapore Copyright Act, (Original Enactment: Act 2 of 1987 and Revised Edition 2006) or other applicable intellectual property law in Singapore or other international law relevant and applicable to the User’s territory.
The trademark, logo and service mark displayed on or in the Website is the exclusive property of BoatAssist and it reserves all the intellectual property right in these contents. You thereby agree not to use, reproduce, sell, transmit, create derivate work or distribute any content from the Website. Use of our services does not entitle you to make any unauthorised use of any protected content of intellectual property. You may use the protected content solely for personal use and will make no other use of the content without express written permission of BoatAssist.
Termination or Cancellation of Services
BoatAssist reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate user’s registration with or ability to access BoatAssist and any of its services.
BoatAssist may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your account in the event:
If BoatAssist closes your account for a reason other than as a result of your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you.
In the event that BoatAssistsuspend or terminates your Account, you will have no claim whatsoever against BoatAssist in respect of any such suspension or termination of your Account.
The Website is provided on an “as is” basis. BoatAssist does not warrant that the functions provided by the Website will be uninterrupted or error free or that the Website or the server that makes it available are free from viruses or other harmful components. Further, BoatAssist would not be held responsible for non-availability of Website that may occur during any periodic maintenance or technical issue beyond the control of BoatAssist . We are not responsible for any technical failure of internet or the Website or any damage or injury caused to the user or their device as a result of or relating to their use of the Website.
The Users acknowledge that
You acknowledge and agree that in the event a dispute arises between any Service Provider and the Buyer in relation to any services/order, you will first attempt to resolve directly with the Service provider/Buyer regarding any differences that you have in relation to such Service, including in relation to the quality of the services provided.
If the dispute could not be resolved directly and you continue to have any difficulties/issues with the Service Provider/Buyer, you can contact us at the “Contact Information” clause provided in this User Agreement.
You agree that any dispute that is not related to a Payment (which must be dealt with in accordance with BoatAssist Policy) arising between you and another User will be handled in accordance with this clause.
BoatAssist will have full rights and powers to make a determination for all such disputes. Upon receipt of any dispute BoatAssist shall have the right to request the Service Provider and Buyer to provide documentation in support of their claim or position in relation to the dispute. You agree that BoatAssist has absolute discretion to accept or reject any document provided. You also acknowledge that BoatAssist is not a judicial or alternative dispute resolution institution and that we will make the determinations only as an ordinary reasonable person. In addition, BoatAssistdo not warrant that the documents provided by the parties to the dispute will be true, complete or correct and you agree to indemnify and (to the maximum extent permitted by law) hold harmless BoatAssist and any of our affiliates, against any damages or liability you may suffer as a result of any documentation or material subsequently being found to be false or misleading.
In relation to disputes with any other users of the Website, you hereby agree to indemnify BoatAssistfrom any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute.
Limitation on Liability
BoatAssist’sliability to you is limited to the minimum extent permitted by law and in no event shall BoatAssist, its affiliates or any of their respective officers, directors, employees, agents or service providers be liable for indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damage) arising from or directly or indirectly related to the use of or inability to use the website or any of the services or materials provided by BoatAssist.
Notwithstanding the above provisions, nothing in this Terms and Conditions is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.
More importantly in relation with the services offered by the Service Providers, the usershould understand and agree that BoatAssistwill not carry out and are not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to or accessed or discovered via the Services.
You also expressly agree that as a Service Provider, while providing any services and you or your staff has any accident whichmay cause any injury or death, that you voluntarily assume all known and unknown risks associated with these service activities, even if caused in whole or part by the action, inaction, or negligence of either of the parties, in such cases BoatAssist or BASCO will have no liability.
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
You and BoatAssist agree that you and BoatAssist will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and BoatAssist agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Users.
Third Party Links
BoatAssist may contain links to websites operated by other companies (third party sites). Your use of such third party sites are not governed by these terms and conditions. The third party websites are not controlled by BoatAssist and therefore BoatAssist is not responsible for the contents of any linked site. These links are provided to the user only as a convenience and the inclusion of any link doesn’t imply any endorsement by BoatAssist.
The users shall indemnify, defend, and hold harmless BoatAssist and its representatives, partners, employee or successors and permitted assigns from and against any and all claims, losses, expenses, damages, liabilities and costs, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to, or relating to your use of the BoatAssist’s website or the use, including but not limited to services offered by the Service Provider on the BoatAssist or using thewebsite in violation of this “Terms and Conditions and/or any other breach of this “Terms and Conditions” by you and/or any breach of your representations and warranties set forth in this “Terms and Conditions”.
You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website (www.boatassist.basco.asia), your Account or the BoatAssistServices and shall take all possible reasonable steps to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities). You are solely responsible for securing the password of your User Account. BoatAssistwill not be held liable for any loss or damage arising from unauthorised access of your account resulting from your failure to secure your password.
Governing law and Dispute Resolution
These “Terms and Conditions” are governed by and shall be construed in accordance with Singapore law.
If a provision of these Term and Conditions of service is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
User based outside Singapore
Our servers are primarily located in the United States and our operations are located primarily in Singapore. Our policies and procedures are based primarily on Singapore law. Because of this, the following provisions apply specifically to users located outside of the Singapore: (i) you consent to the transfer, storage, and processing of your information, including but not limited to User-Generated Content and any Personal Data, to and in the Singapore and/or other countries; (ii) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services.
Change or Modification of Terms:
BoatAssist reserves the right to change the Terms and Conditions of Use at any time at its sole discretion. Updated versions of the Terms and Conditions of Use will be posted on the Website and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions of Use. If you object to any of the changes to these Terms, or otherwise do not understand or agree to any of the changes to these Terms, do not use the BoatAssist Services. By continuing to access or use BoatAssist services following any change to these Terms and Conditions of Use, you agree to and are bound by the revised Terms.
BoatAssist have sole jurisdiction to provide explanation of this “Term and Conditions”. Feel free to contact us if you have any question regarding this Term and Conditions. You cancontact us using the below mentioned address:
Phone Number: +658065.
Address:21 Bukit Batok Crescent #15-75 Wcega Tower
This Terms and Conditions was last updated on 17 october 2017.