Manner and scope of the BoatPing services and application of this Terms of Service
BoatPing is a service for tracking, logging, analysing and sharing data from boating trips, such as monitoring your boat or seeing where you and other sailors and/or boats are.
In addition, each user has the possibility to log trips and store additional contextual information and / or to use their photos, videos and graphics with this trip or with any particular selected trip in the system of BoatPing. The User may use provided features (such as the electronic transmission of messages or sharing links) to present these to other users as well as public sharing.
The user can use the offered export functions to print out associated data of necessary parts of a trip or export them.
The following Terms of Service apply to the use of the under sub-paragraphs 1.1, 1.2, 1.3 and 1.4 preceding described services of BoatPing.
Partners of these Terms of Services
The user closes this agreement for the usage of the services of Camilla van Klinken t/a Chasing Mermaids.
Costs of using the services of boat ping, connection fees
BoatPing provides the user a large part of its services free of charge. When the user wishes to use paid services of BoatPing, it will be specifically mentioned and confirmed explicitly by the user within a purchase process. The prices may be found within the package overview if and when chargeable services are made available.
If an user triggers downloads of any data provided by BoatPing (e.g. Synchronising trips or exporting a trip) on a device specified by the user (e.g. computer or mobile phone) any connection or transfer fees which the user has to pay to their internet provider or mobile operator are the user’s liability.
Completion of the usage agreement
The user accepts the Terms of Service, these general terms and conditions by using boat ping and information obtained by boat ping
To save own tours and other data requires a registration. The following information must be specified (“Mandatory Information”)
 Personal e-mail address or phone number;
 The user’s name and/or boat name
 Statement of the user about his agreement with the validity of these Terms and Conditions;
 Statement by the user if they want to receive information tailored to his personal preferences (e.g. in the form of a newsletter).
The aforementioned information of the user except the username/boat name are not visible to other visitors or users of boat ping or third parties.
Optionally, the user also has the ability to specify profile data about data beyond his duty. Depending on the settings chosen by the user, or clear identification by boat ping, this data is for other users at the URL the user made available publicly visible.
Each user may register only once and only create one user profile.
A legal entitlement to registration as a user of the services of BoatPing does not exist. This reserves BoatPings right to reject a registration including an appropriate message to the user without giving reasons.
By the successful completion of the initial registration process, the user makes an offer to enter the agreement to use the services of BoatPing. boat ping accepts this offer by activating the membership for the services of BoatPing.
If the registration process is not finished, BoatPing is entitled to delete the incomplete registered account, including all information provided by users until then irreversible.
Right of cancellation
All of our customers located in the European Union have the right to cancel any purchase within the first fourteen (14) days, starting from the day on which the contract is concluded.
You can exercise your right to cancellation by contacting us by email to confirm your cancellation. You can also just delete your account from the profile page on Boatping.com which is much faster.
You do not have to provide any reason for your cancellation. If you wish to exercise your right of cancellation in this way, you should contact us at:
If you have purchased services or products via the Apple App Store, please explicitly state so when you contact us and we will provide you with further details on how to claim your refund.
In case of an effective withdrawal, the mutually received benefits are to be returned and any benefits (e.g. interest) surrendered. If the user has entirely or partially received BoatPing products and services or returns them in a deteriorated condition, the user must compensate BoatPing for the value. This may mean that the user has to fulfill the contractual payment obligations for the period until the cancellation. Obligations to reimburse payments must be fulfilled within 30 days. The deadline begins for the user with the dispatch of the cancellation.
The User’s right of cancellation expires prematurely if the contract is completely fulfilled by both parties at the express request of the user, before he has exercised their right of withdrawal.
Modification of the scope of BoatPing
BoatPIng has the right to extend the site of BoatPing and/or the change of BoatPing solutions offered at any time of content, graphical and/or functional, to reduce or stop. The same applies to the services offered by BoatPing.
DISCLAIMER THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPS OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
WHILST boat ping USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO BOATPING’S ATTENTION, boat ping MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. BOATPING DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. boat ping DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION.
BOATPING AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BOATPING’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF 10 BRITISH POUNDS OR THE AMOUNTS (IF ANY) PAID BY YOU TO BOATPING DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
BOATPING AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:
ANY LOSS OR DAMAGE ARISING FROM:
(A) YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM;
(B) ANY CHANGES THAT boat ping MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
(C) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY boat ping OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;
(D) ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;
(E) YOUR FAILURE TO PROVIDE BOATOING WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR LOGIN INFORMATION I.E. PHONE OR EMAIL ACCOUNT SUITABLY CONFIDENTIAL;
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TO boat ping AS SOON AS POSSIBLE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND boat ping AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND boat ping, AND THAT BOATPING’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NOTHING IN THESE TERMS OF SERVICE LIMITS OR EXCLUDES THE LIABILITY OF BOATPING, ITS SUBSIDIARIES, SUCCESSORS, ASSIGNS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND/OR SHAREHOLDERS: (I) FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS OR THEIR NEGLIGENCE, (II) FOR ANY FORM OF FRAUD OR DECEIT, (III) FOR ANY DAMAGES CAUSED WILFULLY OR BY GROSS NEGLIGENCE, OR (IV) FOR ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
Technical limitation of certain functions
Certain functions of the system boat ping are limited in their scope. This applies, for example to the number of photos added to a particular trip of the user. Limitations of this kind can be determined by BoatPing its sole discretion and at any time changed again.
Community aspects, GPS tracks, user data, content removal
The information and service BoatPing provides increases in its appeal, significance, level of detail and individuality, as users are willing to add content (in the form of texts, reviews, photos, videos, graphics and GPS tracks) to a particular trip or to the system of BoatPing. These contents are referred to as “Usage Data” below. The use of reference data to the profile of a registered user will be referred to as “Personal Usage Data”.
As a user enables the application of BoatPing and triggers the upload of the data obtained from the GPS system to the BoatPing system, the user agrees to the fact that this data is then analyzed, processed and stored by the system of BoatPing:
a) The personal usage data in the above clause 10.1 are analyzed in order to provide users automatically an increasingly individualized content in future, and is stored in the system of BoatPing related to this user. The user has the option to terminate the service and thus delete personal usage data.
b) However, the in section 10.1 mentioned usage data is analyzed, processed and stored in the system of BoatPing in anonymous form from the outset, regardless of the person of the respective user. The collection and storage of anonymous usage data is used to check the information content of the data provided by BoatPing ready for other users to continually update and improve the service of BoatPing.
The aforementioned personal usage data of each user are, unless otherwise determined by the user, either for mere visitor to the website of boat ping or third parties or for already registered users of the services of boat ping accessible or otherwise apparent.
All contents (texts, photos, videos) that has been uploaded to the platform of BoatPing and made available for other users in connection with the personal profile of the user, can always be removed by the user themselves from the system of boat ping, i.e. deleted irreversible. The in section 16.2 b) made provisions for the storage of content after the date of termination of the contract with the user remains unaffected.
Retrieval and modification of personal data by the user
On the website of BoatPing under “www.boatping.com” in the section “Profile” the user has the possibility to access stored personal data (mandatory data) in the sense of the above paragraph 4.2, in terms of profile data Section 4.3 above, and usage data as defined in the above paragraph 10.2 lit. a). In addition, the user can change their access (mandatory data) and its aforementioned profile information at any time under the aforementioned section on the site of BoatPing. However, the user cannot delete themselves irreversibly aforementioned data in the above mentioned way. If the user wants to achieve the deletion of all data related to their person, they has to terminate the contract in accordance with BoatPing license agreement paragraph 18.
Section 16.2 b) made provisions for the storage of content after the date of termination of the contract with the user remains unaffected.
Obligations of the user
Confidentiality of access:
The User shall keep access data in the sense of the above paragraph 4.2 confidential and not disclosed to third parties.
Legitimacy of content:
a) The User agrees not to publish any content (mainly in the form of text, photos, video, graphics), or forward on the platform of boat ping that is unlawful, in particular racist, pornographic, offensive or defamatory or violates third party rights, in particular violates copyrights. Accordingly, the user is fully responsible for all content that they publish and distributed with the platform of BoatPing.
b) Should a user be advised, or otherwise becomes aware, that content uploaded on the platform of boat ping by they may be violating law, they shall immediately remove this content from the platform of boat ping. The in section 16.2 b) made provisions for the storage of content after the date of termination of the contract with the user remains unaffected.
Private and commercial use:
The user agrees to use the platform and the services of BoatPing exclusively with the options described within the package overview and solutions. You agree to use boat ping only legally, proper and in accordance with these terms and conditions and related terms and conditions, applicable policies or guidelines and contained purposes.
Therefore the user may not use content and features in any other way except those described under package overview. For solutions, the user accepts explicitly additional terms and conditions, policies or guidelines.
Omission of abuse and flaw:
The user is obliged to not harasse any other user and to refrain from communication of a sexual nature. Finally, you must refrain from any actions which are likely to affect the functionality of the platform and the services of BoatPing.
Granting of rights by the user to content posted
If the user uploads content (mainly, but not exclusively, in the form of texts, GPS tracks, photos, videos, and graphics) on the BoatPing platform and makes this content available to other users, the user grants boat ping the non-exclusive right to use this content across the complete platform of BoatPing and technically connected media (especially the internet and mobile phones) make it available to the public and to other users — no matter what technical connection. Encompassed by the above-mentioned right the user is granting the right to boat ping to edit the content posted by a user, in particular to take all necessary technical adjustments (e.g. in terms of the resolution of photos).
The rights that are granted BoatPing according to the above clause 13.1 of the content uploaded by a user does not expire on the date in which the contract for the use of the services of BoatPing according to paragraph 18 is terminated or content is removed by the user themselves from the system of BoatPing, i.e. is deleted. The in section 16.2 b) made provisions for the storage of content after the date of termination of the contract with the user remains unaffected.
Contents of users and third parties
The User warrants that they owns all necessary rights to the content placed by them on the platform of BoatPing. You hereby agree to indemnify, defend and hold harmless BoatPing, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:
(i) any violation by you of these terms of service or related guidelines;
(ii) any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of the users content on the platform, and/or your making available thereof to other users of the platform, and/or the actual use of users content by other users of the platform or linked services in accordance with these terms of service and the parameters set by you with respect to the distribution and sharing of the users content;
(iii) any activity related to the users account, be it by the user or by any other person accessing the users account with or without your consent unless such activity was caused by the act or default of BoatPing.
BoatPing makes content from third parties such as business listings, images and related information provided by third parties accessible to users. In addition, the user has access to other third party content which is made available by BoatPing. BoatPing accepts no responsibility for the accuracy or completeness of such information provided by third parties. The use of the content of third parties may be subject to additional terms and conditions that the user can view each.
Careful selection of a trip by the user, the ownership principle
The user is aware that they have to make a careful decision in terms of their personal skills and equipment as well as the prevailing weather conditions, depth and tides, for trips that a user might want to take.
Accordingly, BoatPing takes no responsibility or liability for the user’s safety while boating.
Privacy, permanent storage of data in certain cases
BoatPing electronically processes the information provided by the user for purposes arising from the concluded contract for the services of BoatPing. Accordingly, the disclosure of data by BoatPing to third parties is done only in the context of the contract.
By agreeing to these terms and conditions, the user declares their consent at the same time that
a) BoatPing uses the personal data of the user in terms of its accessibility and profile data in the sense of the preceding paragraphs 4.2 and 4.3 and its personal usage data as defined in the above paragraph 10.2 lit. a) to provide personalized information in the form of a newsletter general and / or tailored to their personal interests, unless the user has explicitly given their consent. The user has the option at any time to limit the above-described use of their personal data or to stop, especially unsubscribe, pointing to the website of boat ping under “www.boatping.com” in the “Profile” by changing their personal profile accordingly;
b) BoatPing uses the personal data of the user and / or the content (especially text, photos, video, graphics) posted by them on the platform of BoatPing to safeguard overriding interest in disclosing the possible misuse of the platform or the system of BoatPing or for prosecution of the date of termination of the process between the affected users and BoatPing signed usage agreement beyond, uses, stores, transmitted to law enforcement authorities and / or injured third parties whose rights unless and BoatPing to documenting actual evidence of such abuse by the user / or present the setting of illegal content by the user.
The user may revoke their consent to the processing of projecting their personal data at any time with effect for the future against boat ping. The user has to submit its notice of withdrawal to BoatPing mailed to firstname.lastname@example.org.
Temporary blocking of a user, delete content through BoatPing
Should BoatPing obtain concrete evidence that the user shows illegal behavior in the use of the platform, in particular violating the rights of third parties infringing content in the system of BoatPing set or committed other violations of these terms and conditions, BoatPing is entitled to remove legally objectionable or offending material from the platform of BoatPing without notice to the affected and / or to exclude (possibly) illegal behaving users temporarily from using the services of BoatPing after appropriate notice, i.e. pending resolution of the allegations made against the affected user.
The measures taken under the provisions of section 18.3 right of termination of BoatPing remain unaffected.
Termination of License Agreement, cancellation, refund of fees paid in advance
The registered user is entitled at any time to terminate the contract with BoatPing without specifying a reason and without a deadline to meet. For such termination of the user, it is sufficient that he clicks on the website of BoatPing “Profile” on the button “delete account” under “www.boatping.com” under the heading, and then follow the subsequent instructions. Alternatively, the user can send their cancellation email to email@example.com.
The duration of the paid services is listed for the user on the current package list. Unless the minimum period of use of paid services is not explicitly mentioned in the purchase process, the period of use is not limited.
Any future paid services that are identified in the purchase process with a minimum period of use, first run over the posted minimum period of use by the user. After that, the paid services extend by the same duration with each renewal period if they are not cancelled by the user or BoatPing. The user can cancel the paid services without notice for any reason without limit, but has to take into account the technical possibilities. The termination can be done under “Profile”, in the appropriate app store i.e. Apple or Google Play. T
The termination notice in writing of the username and the BoatPing websites registered e-mail address or phone number of the user must be specified. Upon termination of the paid services by the user the user will use the free services. The provisions of section 18.2 leave the right of both parties to terminate for cause untouched.
BoatPing however, is only entitled to a notice period of three weeks to ordinary termination of the contract. This does not affect the right of BoatPing to terminate the contract in the presence of a very good cause with immediate effect. BoatPing has to submit its notice of termination to the email address or phone number provided by the user concerned. An important reason for the extraordinary termination by BoatPing is for example given if we become aware that the affected users are guilty of illegally use of the platform or illegal or inappropriate behaviour, such as infringing the rights of third parties content.
With the termination of the agreement, BoatPing will delete all data related to the person. Specifically, these are the credentials for the purposes of the above paragraph 4.2, the profile data as defined in the above paragraph 4.3 and its personal usage data for the purposes of the above paragraph 10.1. If the affected user has set content in the form of photos, video or graphics, on the platform of BoatPing these content will be deleted irreversibly from the platform.
The measures taken under the above clause 18.4 shall not apply to content shared on our platform or externally through functions provided by us (e.g. the electronic sending of messages) for both, other users and made publicly available data, but these aforementioned data are no longer associated with the profile information.
Arrangements under the above clause 16.2. b) remain unaffected by the above provisions of this clause 18, whereby we in the given strict conditions for the storage of personal data and on the date of termination of the contract of use is also justified.
In the following cases the claim for repayment of already prepaid fees of the user is excluded:
a) we terminated the contract for good cause pursuant to section 18.3,
b) we block the access of the user or pursuant to section 17
c) the user terminates the contract; the claim of the user on reimbursement of any advance payments shall however not be excluded when the user terminates for an important reason, which originates from the area of our responsibility.
We reserve the right to change these terms at any time without giving reasons unless an amendment is unreasonable to the user. We will notify the user of changes to the terms and timely. If the user does not contradict the validity of the new terms within six (6) weeks after notification, the amended terms shall be deemed accepted by the user. We will alert the user to the notification of his right, and the relevance of the objection deadline.
Unless otherwise agreed, the user may submit all notices to us by e-mail or by letter. We may send notices to the user by e-mail or letter to the addresses that the user has specified as the current contact data in his account.
If any provision of these terms and conditions be or become invalid, the validity of the remaining provisions shall not be affected.
Place of fulfillment is the place of business of BoatPing.
Jurisdiction for merchants within the meaning England, UK is the place of business of BoatPing. English law applies.