The www.Indiaboats.in (“IndiaBoats”) website ("Website") is an internet
based Yacht chartering and shopping portal owned and operated by Aquartia Pvt. Ltd.
(“Aquartia”) incorporated under the laws of India, with its registered office at
803 Hubtown VIVA, Western Express Highway, Shankerwadi, Mumbai 400060.
Through the Website, Aquartia shall provide you ("User") Yachts related
information, pricing, availability and reservations for charter, for shopping, purchase
and sale of boats, across cities throughout India ("Service"), as more
particularly described and defined in the terms of service ("TOS") relating
to such Service, This Service may be availed by the User, his family members and
friends in India at any time during the year through vendors ("Service Providers").
This User Agreement ("Agreement") sets out the terms and conditions on
which Aquartia shall provide the Services to the User through the Website. In addition
to this Agreement and depending on the Services opted for by the User, the User
shall be required to read and accept the relevant TOS for such Service, which may
be updated or modified by Aquartia from time to time. Such TOS shall be deemed to
be a part of this Agreement and in the event of a conflict between such TOS and
this Agreement, the terms of this Agreement shall prevail.
Use of the Website is offered to the User conditioned on acceptance without modification
of all the terms, conditions and notices contained in this Agreement and the TOS,
as may be posted on the Website from time to time. For the removal of doubts, it
is clarified that use of the Website by the User constitutes an acknowledgement
and acceptance by the User of this Agreement and the TOS. If the User does not agree
with any part of such terms, conditions and notices, the User must not use the Website.
Additionally, the Service Provider may provide terms and guidelines that govern
particular features, offers or the operating rules and policies applicable to each
Service (for example, booking terms, discounts, gift vouchers, Combo?, etc.). The
User shall be responsible for ensuring compliance with the terms and guidelines
or operating rules and policies of the Service Provider with whom the User elects
to deal, including terms and conditions set forth in a Service Providers. In the
event that any of the terms, conditions and notices contained in this Agreement
or the TOS conflict with the additional/other terms and guidelines specified by
the Service Provider, then the latter terms/guidelines shall prevail.
Aquartia reserves the right to change the terms, conditions and notices under which
the Services are offered through the Website, including but not limited to the charges
for the Services provided through the Website. The User shall be responsible for
regularly reviewing these terms and conditions.
The User agrees and undertakes not to sell, trade or resell or exploit for any commercial
purposes, any portion of the Service. For the removal of doubt, it is clarified
that the Website is not for commercial use but is specifically meant for personal
use only.
The User further agrees and undertakes not to reverse engineer, modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative works
from, transfer, or sell any information, software, products or services obtained
from the Website. Limited reproduction and copying of the content of the Website
is permitted provided that the IndiaBoats name is stated as the source. For the
removal of doubt, it is clarified that unlimited or wholesale reproduction, copying
of the content for commercial or non-commercial purposes and unwarranted modification
of data and information within the content of the Website is not permitted.
Aquartia has endeavored to ensure that all the information on the website is correct,
but Aquartia neither warrants nor makes any representations regarding the quality,
accuracy or completeness of any data or information contained. Aquartia makes no
warranty, express or implied, concerning the website and/or its contents and disclaims
all warranties of fitness for a particular purpose and warranties of merchantability
in respect of services, including any liability, responsibility or any other claim,
whatsoever, in respect of any loss, whether direct or consequential, to any user
or any other person, arising out of or from the use of the information contained
in the website.
Since Aquartia (‘IndiaBoats) acts only as a booking agent, it shall not have any
liability whatsoever for any aspect of the arrangements between the service provider
and the user as regards the standards of services provided by the service providers.
In no circumstances shall Aquartia (‘IndiaBoats) be liable for the services provided
by the service provider.
Although Aquartia (‘IndiaBoats) makes reasonable commercial efforts to ensure that
the description and content in the TOS and on each page of the website is correct,
it does not, however, take responsibility for changes that occurred due to human
or data entry errors or for any loss or damages suffered by any user due to any
information contained herein. Also, Aquartia (‘IndiaBoats) is not the service provider
and cannot therefore control or prevent changes in the published descriptions which
are based upon information provided by the service providers.
Aquartia (‘IndiaBoats) does not endorse any advertiser on its website in any manner.
The users are requested to verify the accuracy of all information on their own before
undertaking any reliance on such information.
In no event shall Aquartia (‘IndiaBoats) be liable for any direct, indirect, punitive,
incidental, special, consequential damages or any other damages resulting from:
(a) the use or the inability to use the services; (b) the cost of procurement of
substitute goods and services or resulting from any goods, information or services
purchased or obtained or messages received or transactions entered into through
the services; (c) unauthorized access to or alteration of the user's transmissions
or data; (d) any other matter relating to the services; including, without limitation,
damages for loss of use, data or profits, arising out of or in any way connected
with the use or performance of the website. Neither shall Aquartia (‘IndiaBoats)
be responsible for the delay or inability to use the website or related services,
the provision of or failure to provide services, or for any information, software,
products, services and related graphics obtained through the website, or otherwise
arising out of the use of the website, whether based on contract, tort, negligence,
strict liability or otherwise. further, Aquartia (‘IndiaBoats) shall not be held
responsible for non-availability of the website during periodic maintenance operations
or any unplanned suspension of access to the website that may occur due to technical
reasons or for any reason beyond Aquartia (‘IndiaBoats) control. the user understands
and agrees that any material and/or data downloaded or otherwise obtained through
the website is done entirely at their own discretion and risk and they will be solely
responsible for any damage to their computer systems or loss of data that results
from the download of such material and/or data. These limitations, disclaimer of
warranties and exclusions apply without regard to whether the damages arise from
(a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other
cause of action, to the extent such exclusion and limitations are not prohibited
by applicable law.the maximum liability on part of Aquartia (‘IndiaBoats) arising
under any circumstances, in respect of any services offered on the site, shall be
limited to the refund of total amount received from the customer for availing the
services less any cancellation, refund or others charges, as may be applicable.
in no case the liability shall include any consequential loss, damage or additional
expense whatsoever.
The Website may contain links to other websites ("Linked Sites"). The
Linked Sites are not under the control of Aquartia (‘IndiaBoats) or the Website
and Aquartia (‘IndiaBoats) is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. Aquartia (‘IndiaBoats) is not responsible for any form
of transmission, whatsoever, received by the User from any Linked Site. Aquartia
(‘IndiaBoats) is providing these links to the User only as a convenience, and the
inclusion of any link does not imply endorsement by Aquartia (‘IndiaBoats) or the
Website of the Linked Sites or any association with its operators or owners including
the legal heirs or assigns thereof.
Aquartia (‘IndiaBoats) is not responsible for any errors, omissions or representations
on any Linked Site. Aquartia (‘IndiaBoats) does not endorse any advertiser on any
Linked Site in any manner. The Users are requested to verify the accuracy of all
information on their own before undertaking any reliance on such information.
As a condition of the use of the Website, the User warrants that they will not use
the Website for any purpose that is unlawful or illegal under any law for the time
being in force within or outside India or prohibited by this Agreement and/or the
TOS including both specific and implied. In addition, the Website shall not be used
in any manner, which could damage, disable, overburden or impair it or interfere
with any other party's use and/or enjoyment of the Website. The User shall refrain
from obtaining or attempting to obtain any materials or information through any
means not intentionally made available or provided for or through the Website.
The Website may contain services such as email, chat, bulletin board services, information
related to recommendations, news groups, forums, communities, personal web pages,
calendars, and/or other message (hereinafter collectively referred to as "Communication
Services"). The User agrees and undertakes to use the Communication Services
only to post, send and receive messages and material that are proper and related
to the particular Communication Service. By way of example, and not as a limitation,
the User agrees and undertakes that when using a Communication Service, the User
will not:
- defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- upload files that contain software or other material protected by intellectual property
laws unless the User owns or controls the rights thereto or have received all necessary
consents;
- upload or distribute files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of the Website or another's computer;
- advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- download any file posted by another user of a Communication Service that the User
know, or reasonably should know, cannot be legally distributed in such manner;
- falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded;
- violate any code of conduct or other guidelines, which may be applicable for or
to any particular Communication Service;
- violate any applicable laws or regulations for the time being in force in or outside
India; and
- violate any of the terms and conditions of this Agreement or any other terms and
conditions for the use of the Website contained elsewhere herein.
B Aquartia (‘IndiaBoats) has no obligation to monitor the Communication Services.
However, Aquartia (‘IndiaBoats) reserves the right to review materials posted through
Communication Service and to remove any materials in its sole discretion. Aquartia
(‘IndiaBoats) reserves the right to terminate the User's access to any or all of
the Communication Services at any time without notice for any reason whatsoever.
Aquartia (‘IndiaBoats) reserves the right at all times to disclose any information
as is necessary to satisfy or comply with any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in Aquartia (‘IndiaBoats) sole discretion.
Aquartia (‘IndiaBoats) does not control or endorse the content, messages or information
found in any communication service and, therefore, Aquartia (‘IndiaBoats) specifically
disclaims any liability or responsibility whatsoever with regard to the communication
services and any actions resulting from the user's participation in any communication
service.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. User is responsible for keeping himself
updated of and adhering to such limitations if they download the materials.
Aquartia (‘IndiaBoats) reserves the right, in its sole discretion, to terminate
the access to the website and the related services or any portion thereof at any
time, without notice.
Aquartia (‘IndiaBoats) reserves the right to charge listing fees for certain listings,
as well as transaction fees based on certain completed transactions using the Aquartia
(‘IndiaBoats) Services. Aquartia (‘IndiaBoats) further reserves the right to alter
any and all fees from time to time, without notice.
The User shall be liable to pay all applicable charges, fees, duties, taxes, levies
and assessments for availing the Aquartia (‘IndiaBoats) Services.
In consideration of use of the Website, the User represent and confirm that the
User is of legal age to enter into a binding contract and is not a person barred
from using the Website and/or receiving the Services under the laws of India or
other applicable law.
To avail a Service the User has and must continue to maintain at his sole cost:
(a) all the necessary equipment’s including a computer and modem etc. to access
the Website/avail Services; (b) own access to the World Wide Web. The User shall
be responsible for accessing the Services and that access may involve third party
fees including, airtime charges or internet service provider?s charges which are
to be exclusively borne by the User.
The user also understands that the services may include certain communications from
Aquartia (‘IndiaBoats) as service announcements and administrative messages. The
user understands and agrees that the services are provided on an "as is"
basis and that Aquartia (‘IndiaBoats) does not assume any responsibility for deletions,
mis-delivery or failure to store any user communications or personalized settings.
Registration of the User on the Website is optional. If the User opts to register
himself on the Website, upon completion of the registration process, the User shall
receive a user id and password. The User agrees and undertakes at all times to be
responsible for maintaining the confidentiality of the password and user id, and
shall be fully responsible for all activities that occur by use of such password
or user id. Further, the User agrees not to use any other party's user id and password
for any purpose whatsoever without proper authorization from such party. You are
responsible for the security of your password and for all transactions undertaken
using your password through our service. The Password entered by you is transmitted
in one- way encrypted form to our database and stored as such. Thus the Password
will not be known even to Aquartia (‘IndiaBoats). You confirm that you are the authorised
holder of the credit card or the original account holder used in the transactions
you make using the Aquartia (‘IndiaBoats) services. Aquartia (‘IndiaBoats) will
not be responsible for any financial loss, inconvenience or mental agony resulting
from misuse of your ID/password/credit card number/account details number for using
Aquartia (‘IndiaBoats) Services.
The user also agrees and undertakes to immediately notify Aquartia (‘IndiaBoats)
of any unauthorized use of the user's password or user id and to ensure that the
user logs off at the end of each session at the website. Aquartia (‘IndiaBoats)
shall not be responsible for any, direct or indirect, loss or damage arising out
of the user's failure to comply with this requirement.
The User also agrees to: (a) provide true, accurate and complete information about
himself and his beneficiaries as prompted by the registration form ("Registration
Data") on the Website; and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If the User provide any information
that is untrue, inaccurate, not current or incomplete or Aquartia (‘IndiaBoats)
has reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Aquartia (‘IndiaBoats) has the right to suspend or terminate
the User's registration and refuse any and all current or future use of the Website
and/or any Service.
Furthermore, the User grants Aquartia (‘IndiaBoats) the right to disclose to third
parties Registration Data to the extent necessary for the purpose of carrying out
the Services.
Without prejudice to the other remedies available to Aquartia (‘IndiaBoats) under
this agreement, the TOS or under applicable law, Aquartia (‘IndiaBoats) may limit
the user's activity, or end the user's listing, warn other users of the user's actions,
immediately temporarily/indefinitely suspend or terminate the user's registration,
and/or refuse to provide the user with access to the website if:
(a) the user is in breach of this agreement, the tos and/or the documents it incorporates
by reference;
(b) Aquartia (‘IndiaBoats) is unable to verify or authenticate any information provided
by the user; or
(c) Aquartia (‘IndiaBoats) believes that the user's actions may infringe on any
third party rights or breach any applicable law or otherwise result in any liability
for the user, other users of the website and/or Aquartia (‘IndiaBoats).
Aquartia (‘IndiaBoats) may at any time in its sole discretion reinstate suspended
users. Once the user have been indefinitely suspended the user may not register
or attempt to register with Aquartia (‘IndiaBoats) or use the website in any manner
whatsoever until such time that the user is reinstated by Aquartia (‘IndiaBoats).
Notwithstanding the foregoing, if the user breaches this agreement, the tos or the
documents it incorporates by reference, Aquartia (‘IndiaBoats) reserves the right
to recover any amounts due and owing by the user to Aquartia (‘IndiaBoats) and/or
the service provider and to take strict legal action as Aquartia (‘IndiaBoats) deems
necessary.
Aquartia (‘IndiaBoats) may provide the User with content such as sound, photographs,
graphics, video or other material contained in sponsor advertisements or information.
This material may be protected by copyrights, trademarks or other intellectual property
rights and laws. The User may use this material only as expressly authorized by
Aquartia (‘IndiaBoats) and shall not copy, transmit or create derivative works of
such material without express authorization from Aquartia (‘IndiaBoats)
The User acknowledges and agrees that they shall not upload, post, reproduce or
distribute any content on or through the Website that is protected by copyright
or other proprietary right of a third party, without obtaining the permission of
the owner of such right. Any copyrighted or other proprietary content distributed
on or through the Website with the consent of the owner must contain the appropriate
copyright or other proprietary rights notice. The unauthorized submission or distribution
of copyrighted or other proprietary content is illegal and could subject the User
to personal liability or criminal prosecution.
None of the provisions of this Agreement, terms and conditions, notices or the right
to use the Website by the User contained herein or any other section or pages of
the Website and/or the Linked Sites, shall be deemed to constitute a partnership
between the User and Aquartia (‘IndiaBoats) and no party shall have any authority
to bind or shall be deemed to be the agent of the other in any way. It may be noted,
however, that if by using the Website, the User authorizes Aquartia (‘IndiaBoats)
and its agents to access third party sites designated by them or on their behalf
for retrieving requested information, the User shall be deemed to have appointed
Aquartia (‘IndiaBoats) and its agents as their agent for this purpose.
The headings and subheadings herein are included for convenience and identification
only and are not intended to describe, interpret, define or limit the scope, extent
or intent of this Agreement, the TOS or the right to use the Website by the User
contained herein or any other section or pages of the Website or any Linked Sites
in any manner whatsoever.
The terms and conditions herein shall apply equally to both the singular and plural
form of the terms defined. Whenever the context may require, any pronoun shall include
the corresponding masculine and feminine. The words "include", "includes"
and "including" shall be deemed to be followed by the phrase "without
limitation". Unless the context otherwise requires, the terms "herein",
"hereof", "hereto", "hereunder" and words of similar
import refer to this Agreement as a whole.
The User agrees to indemnify, defend and hold harmless Aquartia (‘IndiaBoats) from
and against any and all losses, liabilities, claims, damages, costs and expenses
(including legal fees and disbursements in connection therewith and interest chargeable
thereon) asserted against or incurred by Aquartia (‘IndiaBoats) that arise out of,
result from, or may be payable by virtue of, any breach or non-performance of any
representation, warranty, covenant or agreement made or obligation to be performed
by the User pursuant to this Agreement and/or the TOS.
If any provision of this Agreement is determined to be invalid or unenforceable
in whole or in part, such invalidity or unenforceability shall attach only to such
provision or part of such provision and the remaining part of such provision and
all other provisions of this Agreement shall continue to be in full force and effect.
Either the User or Aquartia (‘IndiaBoats) may terminate this Agreement and a Service
with or without cause at any time to be effective immediately.
The User agrees that Aquartia (‘IndiaBoats) may under certain circumstances and
without prior notice, immediately terminate the User's user id and access to the
Website/Services. Causes for termination may include, but shall not be limited to,
breach by the User of this Agreement or the TOS, requests by enforcement or government
agencies, requests by the User, non-payment of fees owed by the User in connection
with the Services as specified in the applicable TOS.
This Agreement may be terminated by either the User or Aquartia (‘IndiaBoats) through
a written notice to the other. Aquartia (‘IndiaBoats) shall not be liable to the
User or any third party for termination of any Service. Should the User object to
any terms and conditions of this Agreement, any TOS or become dissatisfied with
the Service in any way, the User's only recourse is to immediately: (a) discontinue
use of the Website/Service; and (b) notify Aquartia (‘IndiaBoats) of such discontinuance.
Upon termination of the Service, User's right to use the Website/Services and software
shall immediately cease. The User shall have no right and Aquartia (‘IndiaBoats)
shall have no obligation thereafter to execute any of the User's uncompleted tasks
or forward any unread or unsent messages to the User or any third party. Once the
User's registration or the Services are terminated, cancelled or suspended, any
data that the User has stored on the Website may not be retrieved later.
All notices and communications (including those related to changes in the TOS, Service,
termination of Service etc.,) shall be in writing, in English and shall deemed given
if delivered personally or by commercial messenger or courier service, or mailed
by registered or certified mail (return receipt requested) or sent via email/facsimile
(with acknowledgment of complete transmission) to the following address:
- If to Aquartia (‘IndiaBoats), at customercare@indiaboats.in or at the address posted
on the Website.
- If to a non registered User, at the communication and/or email address specified
in the application form availing of a Aquartia (‘IndiaBoats) Service.
- If to a registered User, at the communication and/or email address specified in
the registration form.
Notice shall be deemed to have been served 48 hours after it has been sent, dispatched,
displayed, as the case may be, unless, where notice has been sent by email, it comes
to the knowledge of the sending party, that the email address is invalid.
This agreement and each TOS shall be governed by and constructed in accordance with
the laws of India without reference to conflict of laws principles and disputes
arising in relation hereto shall be subject to the exclusive jurisdiction of the
courts of
Aquartia (‘IndiaBoats) accepts Visa, MasterCard, American Express, select Debit
Cards and Net Banking. Other payment methods may be added from time to time.
Aquartia (‘IndiaBoats) acts as the agent to those who are promoting the water sports
for which you. can book or purchase. When you book/purchase a yacht/boat, IndiaBoats
will be handling the transaction and collecting payment for the Vendors
IndiaBoats provides booking on behalf of Various respective Vendors and does not
control the inventory or its availability and pricing.
Bookings/ Charters/items purchased on IndiaBoats are subject to handling fee and
a non-refundable per order processing fee.
If you do not receive a confirmation number (in the form of a confirmation page
or email) after submitting payment information, or if you experience an error message
or service interruption after submitting payment information, it is your responsibility
to confirm the same form your booking history or with the Customer Service Department
whether or not your order has been placed. Only you may be aware of any problems
that may occur during the purchase process. IndiaBoats will not be responsible for
losses (monetary or otherwise) if you assume that an order was not placed because
you failed to receive confirmation.
Before Booking/purchasing, carefully review your booking details. IndiaBoats prohibits
exchanges or refunds after the purchase and cancellation would be subject to terms
and conditions defined by the respective vendor.
Some Orders will be processed only after a billing address, and other billing information,
has been verified. Occasionally, we receive incorrect billing or credit card account
information for a booking order that can delay processing and delivery. In these
cases, IndiaBoats customer service will attempt to contact you, using the information
provided at the time of purchase. If IndiaBoats is unable to reach you after its
initial attempt, IndiaBoats may cancel your order and may sell your tickets to another
customer.
IndiaBoats offers multiple delivery options. The options may vary from for different
bookings/purchases. Currently the following delivery options are available:
Email confirmation: Your booking confirmation will be sent via an email. This confirmation
needs to be printed and shown to the booking vendor.
SMS confirmation: Your booking confirmation will be sent via an SMS. The SMS details
need to be shown to the booking vendor.
If the amount you pay for a Booking is incorrect regardless of whether because of
an error in a price posted on this web site or otherwise communicated to you, or
you are able to order a ticket before its scheduled on-sale or presale date or you
are able to order a ticket that was not supposed to have been released for sale,
then: IndiaBoats will have the right to cancel that ticket (or the order for that
ticket) and refund to you the amount that you paid. This will apply regardless of
whether because of human error or a transactional malfunction of this web site.
Occasionally, Boat booking is postponed by the promoter. Should this occur, we will
attempt to contact you and refund the amount as per the policy of the vendor.
Customer Care If you need help regarding your order or any other issue, the best
in the company is available. We guarantee a response time of one working day and
you can reach our customer service department at customercare@indiaboats.in