TERMS AND CONDITIONS
 
Contractual Relationship:
 
These Terms of Use (“Terms”) govern the access or use by you of our services (the “Services”) made available by AQUARTIA PVT. LTD., having its offices at 803, Hubtown Viva, W. E. Highway, Jogeshwari (East), Mumbai-400060 (“Licensor”).
 
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
 
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Licensor. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Licensor may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
 
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
 
Licensor may amend the Terms related to the Services from time to time. Amendments will be effective upon Licensor’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
 
The Services:
 
The Services constitute a technology platform that enables users of Licensor’s websites to book yachts/boats for commercial and non-commercial use (“Application”) to arrange and schedule sea transportation and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with Licensor or certain of Licensor’s affiliates (“Third Party Providers”). Unless otherwise agreed by Licensor in a separate written agreement with you, the Services are made available solely for your personal, noncommercial and commercial use. YOU ACKNOWLEDGE THAT LICENSOR DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY LICENSOR OR ANY OF ITS AFFILIATES.
 
License:
 
Subject to your compliance with these Terms, Licensor grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Licensor and Licensor’ licensors.
 
Availability:
 
All the products and Services at all times shall be subject to availability with the Licensor and/or the third party vendor.
 
Cancellation:
 
The Services can be cancelled as per the cancellation policy of the portal or as defined in each activity. In the event any monies have been paid at the time of booking/purchasing of the Services then the same may be re-funded by the e-payment gateway or as solely decided by the Licensor. It is further agreed that cancellation of Services shall always be subject to additional cancellation policies of the third-party vendor and / or displayed with / on the Product. These cancelation terms shall be in addition to the general terms. In case of any ambiguity between the general terms and the additional cancellation policy then the terms of additional cancellation policy shall prevail
 
Restrictions:
 
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Licensor; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
 
Ownership:
 
The Services and all rights therein are and shall remain Licensor’s property or the property of Licensor’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Licensor’s company names, logos, product and service names, trademarks or services marks or those of Licensor’s licensors.
 
DISCLAIMER:
 
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” LICENSOR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, LICENSOR MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. LICENSOR DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

YOU HEREBY FURTHER AGREE AND CONFIRM THAT BY OPTING TO AVAIL THE SERVICES OF LICENSOR YOU CONFIRM THAT YOU ARE 18 YEARS AND ABOVE AND COMPETENT UNDER LAW TO ENTER INTO THIS AGREEMENT. YOU HEREBY FURTHER AGREE AND CONFIRM THAT YOU ARE COMPLETELY AWARE THAT INDIA BOAT IS MERELY A FACILITATOR FOR THE SERVICES HIRED BY YOU UNDER THIS AGREEMENT AND THAT INDIA BOAT SHALL IN NO MANNER BE LIABLE FOR ANY MISHAPE AND OR ONBOARD ACCIDENT/EMERGENCY EVENT NEITHER INDIA BOAT HAS REPRESENTED ANY QUALITY OF SERVICES TO YOU NOR YOU SHALL HOLD INDIA BOAT RESONSIBLE FOR ANY DEFICIENCY OF SERVICES EXPERIENCED BY YOU.
 
LIMITATION OF LIABILITY:
 
LICENSOR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING THEREFROM.

LICENSOR’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT LICENSOR HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
 
Indemnity:
 
You agree to indemnify and hold Licensor and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Licensor’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.