1. Acceptance of Terms
1.2 The business activities of the Comapany may change over time or take a new form, and the Comapany reserves the right to change, modify or improve the Maker Hub service. The Comapany also reserves the right to suspend or to discontinue the Maker Hub service or its utilisation wholly or in part. We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. You must review these Terms on a regular basis to keep yourself informed of any changes. 1.3 By using this Site, You agree that the posting of new or revised Terms on the Site shall constitute adequate and constructive notice to You of any and all revisions and changes. Continued use of the Service after any such changes or after explicitly accepting the new Terms upon logging into the Site shall constitute Your consent to such changes. 1.4 Unless otherwise agreed or specified, Maker Hub may charge Users any fee for accessing the Site as a User or listing a offer on the Site. 1.5 If there is an inconsistency between any of the information of this English language version and a translated version, the information in English language version shall prevail. Any translated versions of these Terms shall be for convenience only.
You understand and agree that (i) the Site merely is a platform that enables You and other Users (i.e. Companies and Users) to connect and conclude transactions in respect of offers listed on the Site and, consequently that (ii) Maker Hub is not itself a party to any transactions and disclaims all liability arising from or related to any such transactions to the fullest extent permitted by law. Maker Hub’s role is solely to facilitate the availability of the Site and Services for Users and to provide certain services related thereto. We do not purchase, buy, own, sell, provide, rent, control or manage nor can We contract in our own name for the provision of any offer listed on the Site nor other offers including, but not limited to, accommodation or extras provides by Companies, nor any related transportation or travel services. We are not supplying and cannot supply such extras or services to Users.The Site acts as a platform to allow registered Companies to themselves offer and supply to Users a specific offer, including training course, professional usage of tools and relevant instructions. Companies may be either owners of any such a tool or are persons, including professional company managers who are duly authorized to arrange or enter into transactions of such offers direct with Users. We are therefore not a party to the actual transaction between Companies and Users and are not a contracting agent or representative of any Company. Rental transactions are only binding among the concerned Companies and Users, who are both solely and entirely responsible for their performance and Maker Hub disclaims all liability arising from or in connection with such transactions. We encourage Users to communicate directly with one another regarding any bookings or listings made via the Site.
3. Eligibility and Accounts
4. Account Restrictions
4.1 You agree to use your account for your personal use only, and not to redistribute any of the content on this website. You agree to comply with all applicable laws regarding use or access of your account. Any use of an account to post (a) false, outdated, misleading information; (b) information that in our sole discretion is inappropriate to our Users (including, but not limited to obscene, libellous, slanderous or similarly inappropriate postings) or (c) information in breach of the policies published on the Site are grounds for immediate termination of an Account. 4.2 You may not distribute unsolicited commercial messages (“spam”) through your account or take any other action that imposes an unreasonable or disproportionately large load on our infrastructure. At our option and without further notice, We (or our suppliers) may use anti-spam technologies that may terminate your messages without delivering them or prevent messages from reaching you. We expect all of our Users to conduct themselves in a professional manner at all times. Personal attacks, “flaming”, defaming, and other forms of discourteous and unprofessional online conduct are grounds for the immediate suspension or termination of the offending user’s Account, in our sole discretion.
5. Content on the site
5.1 You understand and agree that all reviews, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the User from whom such Content originates. 5.2 The Site provides unfiltered access to Content. You understand and agree that the Site only acts as a platform and that We disclaim all liability related to Content posted on the Site, whether arising under intellectual offer laws, libel, privacy, obscenity, or otherwise. We cannot, nor do We undertake any obligation to, control the Content that is posted. By its very nature, the information on the Site is changed frequently, may be inaccurate and in some cases may be mislabelled or deceptively labelled. We do not make any representation or warranty, express or implied, as to the accuracy, timeliness, or completeness of such information, nor do We undertake to verify, update or correct such information. We recommend that You confirm all information You obtain from the Site as accurate and complete and up to date. We also do not make any representation or warranty, express or implied, regarding any posting or requests by Users. You agree that any agreement between You and such individual or organisation shall be solely on the terms negotiated and agreed by You and Your counterparty and shall be done at Your own risk. 5.3 Maker Hub grants Users a limited, revocable, non-exclusive licence to access the Site to, as applicable, advertise company offers, including courses, professional training, tools and further services, view or make legitimate inquiries to Users regarding their interest in particular tour, event or rental transactions for their personal use, all in accordance with these Terms. 5.4 Any other use of the Site is expressly prohibited. Importantly, this licence does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. “General purpose internet search engine” does not include a website or search engine or other service that provide classified listings or boat advertisements, or any subset of the same, or which is in the business of providing company services.
6.1 Although Maker Hub does not own nor control any of the content that you post, you agree that, by posting content on the Site, you automatically grant Us, and You represent and warrant that You have the right to grant Maker Hub, an irrevocable, perpetual, non exclusive, fully paid, worldwide licence to use, copy, perform, display, adapt, modify, distribute, to have distributed and promoted said Content, and to grant and authorize sublicensees of the foregoing. Furthermore, by posting content on the site, you automatically grant Maker Hub all rights necessary to prohibit any subsequent aggregation, display, copying or exploitation of content on the site by any party for any purpose. 6.2 You are solely responsible for content or any other information You provide, distribute, post, include, link to, or otherwise upload to the Site (“Your Content”), and You agree that We are only acting as a passive conduit for your online distribution and publication of Your Content. We reserve the right (but not the obligation) to take any action with respect to your content if we believe that it may create liability for Us or may cause Us to lose the services of our ISPs or other suppliers. You represent and warrant that yourcContent and any content You request to receive (directly or indirectly): (a) shall not infringe any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy; (b) shall not violate any law or regulation; (c) shall not be defamatory or libelous; (d) shall not be obscene or contain child pornography; (e) shall not include incomplete, false or inaccurate information about Yourself or any information about any other individual; and (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. 6.3 You understand and agree that Maker Hub has no obligation to post any content from You or anyone else. In addition, We may, in our sole discretion, edit, remove or delete any content that You post or submit. In particular, We reserve the right to determine the final design, layout and functionality of our Site, which may involve the review, formatting and editing of such content. In case You intentionally or negligently cause any loss or damage to Maker Hub because of the design or positioning of such content you are liable towards Maker Hub You understand and agree to release Maker Hub from any liability for any loss or damage resulting from the design or positioning of such content, unless such loss or damage resulted from Maker Hub’s willful misconduct or negligence.
7.1 As a Company, you may create or add listings and you will be asked a variety of questions about the offer You intend to list, including, but not limited to, the location, features, availability of the boat and pricing and you may include certain terms or requirements which must be met by Users as part of any potential transaction relating to Your listed offer. More information on how to add such requirements is available on our Site. All offers must have valid addresses in order to be featured in listings on the Site. Your listings will be made publicly available via the Site and Users will be able to look at Your offer via the Site based upon the information provided in Your listing. You, and not Maker Hub, are solely responsible for determining the rental price to be displayed in Your listing and any additional charges (for example, cleaning fees) to be included or factored into such price (your “Company Fee”). You understand and agree that once a User requests a booking of Your listed offer, the rate You have set for such booking request may not be altered. As a Company, You acknowledge and agree that You are solely responsible for any and all of your listings of offers on our Site. 7.2 You warrant, represent and undertake that all and any listings You place on Our Site relate to available offer and that You have all necessary rights and permissions, including without limitation, planning permission, or, if You are not the owner of such a boat, the express authorization from the owner, to deal with the boat, including creating listings related to it and offering it for rent. 7.3 In accordance with these Terms, if, as a Company, you add a offer as available for usage on our Site, Your Use of the Site is a means of enabling You to connect or be introduced to Users who may become Users for the purposes of learning course, renting a boat or obtaining professional support. Our Service to You as a Company shall include supporting and assisting you in listing, marketing, promoting and advertising Your offer on our Site. However, as noted above, We cannot and do not in any way act as a contracting agent or representative for You as a Company, nor as a broker or insurer in each case, in relation to Your transactions which You conclude with Users via the Site. Our Service to You as a Company in relation to the provision of information and email or messaging services shall also include assisting You in respect of communications with Users through the Site, for example, in receiving, notifying and forwarding to You any requests or enquiries made through the Site by a User and in receiving and handling cancellation requests from Users. 7.4 You acknowledge and accept that We do not consider that we act as a travel agent generally in relation to the provision of our Site and/or our Service or in respect of Your actual rental or any other transactions concluded with Users as We are not a party to such actual rental transactions and We do not buy-in, re-sell or provide boats or other travel services in our own name as mentioned in Section 2 above. However if, as a matter of law or in the opinion of any tax or other authority in any jurisdiction Maker Hub is or could be considered as a travel agent in respect of taking part in, or providing Services consisting of the intermediation in setting a course by Companies to Users. You acknowledge and accept that in those circumstances and for the purposes of these Terms and rental transactions. You have concluded with Users, the Service supplied by us in taking part in the provision of accommodation listed on our Site and/or in facilitating or providing intermediation in the conclusion of such rental transactions, shall be supplied to You as Company, acting as Your disclosed agent or intermediary in Your name and on your behalf and not in any way in our own name, as We shall not and cannot be a Company. Any necessary modifications may be made to these Terms as a consequence of this provision or part there of applying. 7.5 Please also note You are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Maker Hubcannot and does not offer Tax-related advice to any Users of our Site and Service. Additionally, please note that You are responsible for determining and/or paying any local VAT or similar indirect sales Taxes and/or for factoring in or including such VAT and taxes into your Company Fee or satisfying such obligations relating to applicable Taxes in adding a listing on our Site or in respect of our Fee as charged or invoiced to You or otherwise, particularly if You consider that you are in business in using the Site and/or, for example, you are a professionaloffermanager or You rentofferon a regular basis to generate income. You may also be required to issue an invoice, including without limitation, a valid VAT invoice to Your User in respect of your Company Fee and any additional charges whether or not included in your Company Fee. You should in any event consult your tax advisor. 7.6 Upon registering as a User as an intended Company, Companies acknowledge and accept that Maker Hub shall assume, and be entitled to assume, that You are in business/a taxable person/carrying on an economic activity and/or VAT registered, in the place/country where Your address details as provided to Us are located, unless and until You tell and confirm to Maker Hub by email or otherwise that You consider that You are not in business etc. or that You are usually resident or spend most of Your time in another country. Companies further accept and acknowledge that We may contact You to require details (acting reasonably) of Your VAT registration number (if any) or otherwise copies of reasonable commercial evidence or records, for example contracts, business letterheads, a commercial website address, publicity material, certificates from fiscal authorities, in each case, which You shall provide or procure to provide within your power or ability to do so. A digital certificate from a reputable organisation can also be accepted for this purpose. 7.7 If Your listed an offer is requested by a User via our Site, you will be required to either confirm or reject the User’s request within 14 days of that request, after which the request shall automatically expire. If, as a Company, You confirm that Your listing is available and a User request is subsequently accepted and confirmed by You through our Site. You will receive Your User’s relevant contact details (including phone number) from Us and We will also forward Your contact details to the User. Once such contact details have been provided, all communication including concerning details and information about the transaction should be direct between You and Your User through our Site as facilitated by our Service where required/applicable. 7.8 Users can cancel their requests at anytime, but always accordingly to the cancellation policy that You have selected as a Company. In the event a User cancels, We shall transfer to You the monies collected by Us from such User, less our Fee, in accordance with Your selected cancellation policy. 7.9 As a Company, You should not cancel a confirmed booking. If however, exceptional circumstances require. If You have to cancel a request, please notify Us per E-Mail for assistance in relation to Your communications with the User. 7.10 We reserve the right to cancel any request at any time for security or fraud-protection purposes.7.11 We reserve the right to post, add and adjust the content of the website and use test companies’ name, photos and other media and information to demonstrate the functionality and the value of the Maker Hub website.
8.Terms particular to Users
You must not use this Website for anything that is unlawful or is prohibited by these Terms and Conditions and/or any notices elsewhere on this Website.The Company advises that you seek professional advice before relying on any information on this Website. Under no circumstances will Company be liable in any way for any information it provides on the Website or through the Services, including, but not limited to, any errors or omissions in any content and information, including but not limited to text, software, music, sound, photographs, graphics, video or other material (also known as “Content”), or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services. Please Note that some photos and its descriptions can be used only to demonstrate the functionality of this website.8.1 When using this Website, you must not do any of the following:defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, offensive or unlawful material or information;upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights or have received all necessary consents;upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;impersonate any person or entity, including without limitation any employee or representative of Company;post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services;run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure;decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services;delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;falsify the origin or source of software or other material contained in a file that is uploaded;advertise or offer to sell any goods or services or conduct or forward surveys, competitions, or chain letters; ordownload any file posted by another user of this Website that you know, or reasonably should know, cannot be legally distributed in such manner.You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.You represent and warrant to Company that you are of legal age to form a binding contract or have your parent’s permission to do so. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.If you are registering with the Website as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business, you must comply with and you are responsible for all laws applicable to your business.If you link to the Website, Company may revoke your right to so link at any time, at Company’s sole discretion. Company reserves the right to require prior written consent before linking to the Website.You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of these Terms and Conditions, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
You may not transfer any of Your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without Your prior written consent.
10. Release and indemnity
11. Warranty Disclaimer and Limitation of Liability
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.
THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU FOR THE SERVICES PURCHASED THROUGH THE WEBSITE DURING THE SIX-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
13. TerminationWithout prejudice to any remedy that the Company may have against you, the Company may terminate or suspend with immediate effect and without notice your access to and use of this Website. In the event of a material breach by You of these Terms or the Terms including but not limited to fraud by You, We may, in our discretion and without liability to You: (a) terminate Your access to Our Service; (b) deactivate or delete any of your Accounts and all related information and files in such Accounts as well as Your Content; and (c) bar Your access to any of such files or Service. In addition, We reserve the right at any time and without any prior notice to remove or disable access to a listing of any offers on the Site which in Maker Hub’s sole discretion considers to be objectionable, in violation or breach of these Terms or Other Terms, or otherwise harmful to the Site and/or Services.
14. Applicable Law and Jurisdiction 14.1 These Terms and all matters arising out of or relating to these Terms (including non-contractual disputes or claims and their interpretation) shall be governed by the laws of Switzerland to the extent that such law is not overridden by applicable mandatory law, for example local consumer protection laws applying to You.14.2 Any claim or dispute arising out of or relating to these Terms shall (including non-contractual disputes or claims and their interpretation) shall be subject to the non-exclusive jurisdiction of the Swiss courts.
If you have any questions about these Terms, please contact Maker Hub.
PLEASE NOTE THAT WE ARE ELIGIBLE TO PROMOTE COMPANIES, USERS AND CONTENTS THAT ARE REGISTERED ON Maker Hub THROUGH OTHER SOCIAL NETWORKS INCLUDING FACEBOOK, TWITTER AND YOUTUBE CREATE POSTS AND REUSE GIVEN INFORMATION FOR PROMOTIONAL AND CONTENT MANAGING PURPOSES IN ANY FORM AND EVERYWHERE ON THE INTERNET.PLEASE NOTE THAT THIS VERSION OF TERMS AND CONDITIONS CAN BE ADDED OR CHANGED.Assets source: https://unsplash.comAssets are the property of their respective owners.PLEASE NOTE THAT THIS VERSION OF ASSETS CAN BE ADDED OR CHANGED.
Please note that we reserve the right to depict some information for design purposes such as testimonials and job listing. Some of this information is imaginative and doesn’t necessarily reflect the reality or the real names of the users were changed, omitted or distorted.You can always contact us directly if you disagrees with the content on the website. We try to do our best to monitor the posted information. However we are only platform and do not take the responsibility of the generated content by other users.
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