Seilii

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Terms of Service

Last updated: 24.6.2024

Please read these terms of service carefully before using Our Service.

1 - Interpretation and Definition

1.1 - Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.

1.2 - Definitions

For the purposes of these Terms of Service:

  • Account means a unique account created for You to access Our Service or parts of Our Service.
  • Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
  • Country refers to Scotland in the United Kingdom.
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Seilii Ltd, 5 South Charlotte Street, Edinburgh EH2 4AN, Scotland, United Kingdom, SC783602.
  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
  • Crew refers to users of the Service who are listing themselves available as crew to join a Trip or placing Orders for Trip a Skipper has made available on the Service.
  • Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
  • Order means a request by You to purchase, enquire, agree to or trade by any means Trips on the Website.
  • Skipper refers to users of the Service and means the individuals, companies and/or organisations who are listing or offering Trips and making them available for trade by any means or making them available by any means on the Service.
  • Service refers to the Website.
  • Terms of Service (also referred to as "Terms") mean these Terms of Service that form the entire agreement between You and the Company or Operator regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
  • Trip refers to the items, sailing opportunities (on a boat a Skipper owns or part-owns, has rented or borrowed, or has by any other means been granted, hired or acquired a right to use) or services offered for sale, contact, introduce, or any other means of trading and making available on the Service.
  • Website means Seilii - the website on which sailing opportunities will be listed and made available for trade by any means, and the channel which will be marketed by Us, and is accessible from www.seilii.app.
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2 - Contact Us

If you have any questions about these Terms of Service, You can contact us:

  • By email: info@seilii.app
  • By visiting this page on our website: www.seilii.app

3 - Acknowledgment

These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.

You represent that you are at least 18 years old, or over the age of majority according to the laws of Your country or the Country, whichever is higher. The Company does not permit those under that age to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company.

3.1 Express Assumption of Risk and Responsibility/Participation

Skippers are reminded of their legal responsibility for the safety of their vessel and their Crew at all times in accordance with International Maritime Law. Skippers are reminded of ensuring they have adequate insurances and covers for their vessel, for themselves, Crew and the Trip. Crew are reminded to ensure they have adequate insurance coverage for themselves for the Trip they decide to participate.

If as a Skipper You are hiring a charter boat, You must satisfy yourself as to the charter company meeting their legal requirements, insurances and covers regarding safety of the vessel and the Crew onboard.

Crew and Skipper must satisfy themselves as to the suitability and safety of any boats on which they propose and decide to sail. Crew and Skipper must satisfy themselves as to the competence of the Skipper and/or Crew that they intend to sail with.

Skipper must ensure they have the experience and/or qualifications to sail those Trips safely in association with the vessel they are proposing to take and/or publish on the Company's Website. If You as a Skipper are hiring a skipper or co-skippering a boat with another skipper, You also must satisfy yourself as to the competence of the skipper. The Company does not have any role, responsibilities and liabilities in the hiring contract or contract between You and the charter company, any company or individual You hire for the Trip.

The Company cannot warrant the accuracy of any details supplied to Us and published on Website.  Nothing on the Website constitutes an offer on Our part.

There are risks attached to sailing and the Company cannot be held responsible for any accident, injury loss or damage however caused as the result of any Orders made via this Website or any Trips offered via this Website.

In recognition of the inherent risk of the Trips and related activities in which You are intending to engage, You confirm that You are physically and mentally capable of participating in the Trips, that You are willingly and knowingly electing to participate in the Trips in spite of the potential risk of danger, and You willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by You or caused by You, including emotional injury or injury to person or property, whether caused in whole or in part by the negligence, fault or wrongdoing, whether expected or not, of the owners, directors, agents, officers, employees, contractors, or subcontractors of the Company or of other people on the Trip.

You understand and acknowledge that due to the possibility of remoteness of where You may travel, emergency evacuation and/or search and rescue may be delayed or unavailable and that medical facilities and supplies may be limited and You acknowledge that it is Your responsibility to assess the impact such limitations may have on any existing medical condition(s). It is Your responsibility and obligation to inform a Skipper/Crew before an Order, of any medical or physical disability or limitation that might disable You or render You unable to perform or safely complete the Trip. You further acknowledge that You are the best judge of Your own conditions and limitations and that it is incumbent upon You to fully disclose the full extent of any such conditions or limitations to the Skipper/Crew.

You understand and acknowledge that changing weather conditions may have an impact on the original Trip plan. Any passage plans and dates may change due to weather. Your responsibility is to ensure You have plans in place in case the Trip is delayed or arrives in different location as originally planned.

4 - Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service.

4.1 - Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force, and effect.

4.2 - Waiver

Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any

5 - User Accounts

5.1 - Account Creation

When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You may not use the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.

5.2 - Account Information

You may be asked to supply certain information relevant to Your Account including, without limitation, Your name, Your email, Your phone number, and Your address.

You may have to provide documents to comply with identity verification.

Before or during listing Trips, you may be asked to supply, without limitation, Your bank account details, and Your identity documents.

Before or during placing an Order, you may be asked to supply, without limitation, Your credit card number, the expiration date of Your credit card, and Your billing address.

5.3 - Account Review

Unless part of a feature of the Service, We do not perform background checks or endorse any users. We do not accept any responsibility for the reliability, accuracy, and completeness of any information provided by users. We cannot and do not control or warrant the capacity, skills or qualifications of any Skippers or Crew and the Company hereby disclaims all liability in this regard to the maximum extent permitted by law.

5.4 - Account Password

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your account.

5.5 - Account Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service. Upon termination, Your right to use the Service will cease immediately.

If You wish to terminate Your Account, You may simply discontinue using the Service or delete Your Account from the Service, or contact Us for help.

6 - Content

6.1 - Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

6.2 - Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company or Operator cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk.

6.3 - Content Backups

Although regular backups of Content are performed, the Company or Operator does not guarantee there will be no loss or corruption of data.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

6.4 - Intellectual Property of Others and Copyright Infringement

We respect the intellectual property and copyrights of others. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

7 - Orders of Trips

By placing an Order for Trips through the Service, You warrant that You are legally capable of entering into binding contracts.

7.1 - Position of the Company in Orders

Our role is one of a facilitator between Skippers and Crew, using the Service. We are, therefore, a third party in Orders, which limits Our liabilities in any disputes between Skippers and Crew.

You understand and agree that We are not a party to any agreement Skippers and Crew have. Any agreement Skippers and Crew enter does not form a part of any agreement We have with Skippers and Crew.

7.2 - Your Information as Crew

If You wish to place an Order for Trips available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, and Your billing address.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct, and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

7.3 - Availability, Errors, and Inaccuracies

Skippers are constantly updating their offerings of Trips on the Service. The Trips available on the Service may be mis-priced, described inaccurately, or unavailable, and Skippers may experience delays in updating information regarding the Trips on the Service. Due to this, We may experience delays in updating information regarding the Trips on the on other websites and Third-party Social Media Services.

We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

7.4 - Shared expenses and costs

As a Skipper you have the right to revise Your costing at any time prior to accepting an Order.

As a Skipper You are responsible of ensuring You are operating within the applicable local laws regarding collecting shared expense contributions for direct sailing expenses and/or Trip payments even in cross-border situations.

The Company has no role in agreements between the Crew and Skipper on how the shared expenses or other Trip costs are collected, transferred, refunded or not refunded. It is solely between the Crew and Skipper to agree how to do it and resolve any issues.

7.5 - Service Fees

The Service is free to use. We reserve the right to change the Service fees at any time.

7.6 - Order Modification

Crew and Skipper are responsible for any Order modifications you agree to make via the Service.

7.7 - Order Cancellation

7.7.1 - Our Order Cancellation Rights

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • Trips availability
  • Errors in the description or prices for Trips
  • Errors in Your Order
  • Mistakes from the Skipper
  • If fraud or an unauthorised or illegal transaction or trade is suspected.
7.7.2 - Order Cancellation by Crew and Skipper

The Company does not offer cancellation policy for any Trips.

Any payments and cancellation policies are agreed between the Crew and the Skipper only. The Company is not responsible of any payments or cancellations made and agreed by Crew and/or Skipper.

7.8 - Order Dispute

If a Crew or a Skipper disputes an Order, it is between the Crew and Skipper to resolve the dispute. The Company has not a role in the Trip contracts between the Crew and Skipper.

8 - Disclaimer of Warranties and Limitation of Liability

8.1 - Limitation of Liability

The Company is not a Skipper, vessel owner or operator or provider of the Trips listed. Neither is the Company an employment agency or business. Our responsibilities are limited to facilitating the publishing, marketing, trading of the Trips by Skippers, introduction between Crew and Skipper, and Orders made by the Crew. Nothing on this website constitutes an offer on Our part. The listing, planning, providing, or partaking in or of any Trips are at the Skipper’s and Crew’s own risk. 

You understand and agree that the Company is not a party to any agreements entered into between Skipper and Crew, nor is the Company a broker, agent or insurer and We cannot and do not control or warrant the condition, legality or suitability of any Trips or vessels, or capacity, skills or qualifications of any Skippers or Crew and the Company hereby disclaims all liability in this regard to the maximum extent permitted by applicable law.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

8.2 - "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company or Operator are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

8.3 - Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise You to read the terms of service and privacy policies of any third-party websites or services that You visit.

8.4 - Translation Interpretation

These Terms of Service may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

9 - Disputes Resolution about the Service

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

10 - Enticing

You agree not to contact any other user (Crew and/or Skipper) via the Website for the purposes of enticing them to use another crewing, skippering, chartering or similar service offered by any other website or service. Any breach of this condition will result in immediate termination of Your account, and possible legal action.

11 - Intellectual Property of the Service

The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

12 - Your feedback to Us

You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

13 - Changes to these Terms of Service

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to notify you of the changes. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.