1 – Payment Terms
By accepting the Terms & Conditions you also agree that you will immediately contact the customer after you have received email confirmation that they have booked a boat on our system. It is your responsibility to collect any additional information. In the event that you are unable to or do not want to fulfill the rental with the client, please contact us so we can refund said, client. All rentals are considered tentative until both client and boat owner agrees and contact each other. All rental clients are notified prior to transactions and also via email after the transaction that rentals made through BIOGARIA are NOT valid until he or she contacts you, the boat owner and you accept and confirm the transaction. If so desired, we can also contact you via phone, fax ox text messaging to confirm transactions if the email is not suitable.
2 – Terms and Conditions of Use
- BIOGARIA is a project by 2 Quai de l’Amiral Courbet 06230 Villefranche-sur-Mer France. By using the BIOGARIA site, you are indicating your acceptance to be bound by these Terms and Conditions. The current version of the Terms and Conditions is always available on this Web page. If you do not accept the Terms and Conditions, you cannot use this site. BIOGARIA has the right to terminate your contract if you do not follow the Terms and Conditions. The following Terms and Conditions apply to all existing and future interactions between you and this site. The terms “you,” “your,” and “facility” are used interchangeably herein to refer to all individuals and business entities accessing and using this site.
- Acceptable deviations from these Terms and Conditions (such as supplemental agreements or guarantees) that go above and beyond the content of the contract, including these Terms and Conditions, must be in writing.
- BIOGARIA reserves the right to amend the Terms and Conditions at any time without notice, and it is your responsibility to periodically review these binding Terms and Conditions. If you do not agree to the amended Terms and Conditions, you have the right to terminate your contract within 30 days of the amendment of the Terms and Conditions. Failure to cancel your contract within these 30 days signifies your acceptance of the amended Terms and Conditions. You agree that your continued use of this site after such amendment indicates your acceptance of any such amendment.
3 – Use of Online Content
- Facility warrants that all information and material provided and posted by the facility is accurate, complete, and not misleading, and that any information and material provided and posted by the facility does not infringe or misappropriate any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy; will not violate any France laws or regulations, and if the facility is not located in the FRANCE, will not violate any law or regulation in the country of facility origin. BIOGARIA reserves the right to forward any expenses that occur as the result of a facility’s infringement or misappropriation of information or material provided to the offending facility. BIOGARIA does not make any representations and warranties, express or implied, as to the accuracy, timeliness, completeness, or quality of any information or material provided by facilities.
- BIOGARIA will take any action it deems appropriate with respect to your posted information if it believes that the information may create liability or harm. BIOGARIA has the right to disable or delete pages containing information provided by a facility and delete a facility’s ads or offers. The facility will be informed in a timely manner about the possible interruption in service or deletion of a page, ad, or offer. The same applies if BIOGARIA is notified by a third party to modify or delete facility-posted information available on this site because it violates another individual’s or business entity’s rights. If the accused facility can bring forward evidence that a violation of a third party’s rights is not likely, BIOGARIA will reinstate the disabled or deleted information following the review of the presented evidence.
- BIOGARIA allows facilities to post classified ads for the purpose determined by the classified categories. It is illegal to use the BIOGARIA Web pages for any other purpose, including promotional advertisements or derivatives thereof. Facility warrants that the facility will not post any information or material that contains slanderous, obscene, pornographic, or defamatory content. BIOGARIA reserves the right, at its sole discretion, to terminate a facility’s contract if a violation of these Terms and Conditions is suspected or evident. In case of a violation of these Terms and Conditions, the facility will be liable.
- Each classified ad or offer may be posted only once. The facility may include a photo of the appropriate boat or boat type only, no substitutions are allowed.
- BIOGARIA reserves the right to delete classified ads or offers that are posted several times, without consultation with the facility.
- BIOGARIA reserves the right to display banners and other advertisements for profit on any BIOGARIA Web page.
4 – References and Links
BIOGARIA is not responsible or liable for the content of third-party Web sites accessed through direct or indirect references or links from BIOGARIA, unless it is evident that BIOGARIA had knowledge of any infringing or harmful third-party content, and BIOGARIA could have been reasonably expected to disable access to such third-party content. In general, BIOGARIA does not have any influence on and does not make any representations regarding the current and future design and content of any referenced or linked third-party Web site. Hence, any such references and links do not represent an endorsement by BIOGARIA of the referenced or linked third-party content. This applies to all references and links as well as to information contributed by facilities to or posted by facilities on BIOGARIA’s guest book, forums, mailing lists, and pages containing ads or offers. The owner of a referenced or linked Web site containing illegal, inaccurate, or incomplete information is solely liable for any damages arising from the use or lack of use of such information.
5 – Intellectual Property Rights
Any content developed by BIOGARIA is the exclusive property of BIOGARIA and is under the protection of US and international copyright and intellectual property laws. Unauthorized distribution or use of such content including graphics, audio files, video files, and other digital or printed documents is prohibited. All Web pages are treated as intellectual property. You may not copy, reproduce, or distribute Web pages in part or as a whole for any public or commercial purpose. Reproduction and other use of Web pages and other intellectual property in any media are only permitted with written authorization from BIOGARIA.
6 – Non-Public Area
- BIOGARIA may provide you with a password allowing access to the non-public area of this site, where you may post information and material according to guidelines set within the Terms and Conditions. You are prohibited from disclosing the password to or sharing the password with any third parties.
- BIOGARIA is in no position to screen or monitor information posted by a facility in the non-public area. The facility that was provided with the password to the non-public area by BIOGARIA carries the sole responsibility for any information posted in the non-public area using the aforementioned password.
- You agree not to post any material including graphics, audio files, video files, or other digital or printed files that are copyrighted by or that infringes on any other intellectual property rights of a third party unless you have the permission of the copyright or intellectual property owner to post it.
- BIOGARIA is under no legal obligation to control the information provided by facilities on this site, and it does not represent or guarantee the truthfulness, accuracy, legality, or reliability of information posted by facilities on this site. In case any content provided on this site by a facility signifies a legal or moral violation or a violation of the Terms and Conditions, the facility is solely liable for any damages including, without limitation, consequential and incidental damages and lost profits resulting from such posted information.
7 – Privacy and Data Protection
- Unless stipulated differently in writing, any information provided by facilities on this site is not treated as confidential. The content of facility-posted ads or offers and any included contact information may be made available to third parties (such as online directories, portals, search engines, and similar entities or services).
- The facility agrees to the electronic storage, use, and transfer of the facility’s provided information by BIOGARIA according to the applicable data protection laws of France.
- If BIOGARIA contracts or affiliates with a third party to provide any services made available through this site, it reserves the right to disclose any facility data to the third party as necessary for the continued functionality and security of its business.
- The facility is not permitted to access information not intended for such facility or any third party or log in to an account that the facility is not authorized to access.
- The facility is aware that any online communication and data transfer may be intercepted and processed by a third party. The facility assumes all such risks. E-mail communications may be insecure: such communications may be intercepted and accessed by skilled third parties.
8 – Range of Services
- The range of services provided by BIOGARIA is stipulated within the applicable contract.
- BIOGARIA reserves the right to amend, extend or improve any services.
- BIOGARIA reserves the right to discontinue any complimentary services at any time without notice. No rights or entitlement to refunds or any other damages arising from such discontinuance.
- BIOGARIA reserves the right to make technical modifications to any service. As far as possible, service functionality will not be impaired by such a modification. The facility is not entitled to and BIOGARIA is not liable for any damages in excess of the value of applicable service fees paid to BIOGARIA for claims that arise from any malfunction of services.
- Currently, various complimentary services are offered at BIOGARIA. It may not be assumed that such services will remain complimentary indefinitely. BIOGARIA reserves the right to change any complimentary service into a fee-based service at any time. BIOGARIA may notify facilities about such changes in the service fee structure, but it is not obligated to do so.
9 – Contract Period
- By agreeing to Terms and Conditions, the facility enters into a contract with BIOGARIA.
- All contracts are valid for one (1) year, unless noted differently. In case of an upgrade, the upgraded contract is also valid for one (1) year. The upgraded contract applies to the whole service package and becomes effective at the time of the upgrade.
- A contract can be canceled in writing at any time prior to the contract’s expiration date in order to avoid automatic renewal of the contract. The contract may also be terminated at any time due to critical circumstances. A critical circumstance is apparent in case of a significant or continuing violation against the Terms and Conditions or in case that enforcement of the contract is unfeasible. In case of a contract’s termination due to critical circumstances, BIOGARIA reserves the right to immediately prohibit access to the non-public area and to delete any pages or part thereof containing information or offers provided by the formerly contracted party.
10 – Limitation of Liability
- BIOGARIA researches the contents of BIOGARIA as well as possible. BIOGARIA makes no warranties about the accuracy, reliability, completeness, or timeliness of the provided or posted information. Information provided by facilities in guest books, forums, and similar services represents the opinion of the applicable facility and does not signify an endorsement of such information by BIOGARIA. You are accessing such information at your own risk.
- BIOGARIA is not liable for lost profits, business interruptions, unrealized cost savings, and any incidental or consequential damages. This limitation of liability does not apply to damages that result from intent or negligence.
- BIOGARIA is not liable for lost data. The facility is responsible to protect the facility’s data with security measures that reflect the current state of technology and thereby allow for the reconstruction of any such data at the minimum acceptable level of effort. In addition, the facility is responsible for providing such data to BIOGARIA once more at no cost.
- BIOGARIA is not liable for any damages that are the results of circumstances beyond BIOGARIA’s control including acts of God or labor interruptions.
- BIOGARIA does not screen or verify the content of ads or offers and the identity of facilities.
11 – Additional Terms
- You agree that the sole jurisdiction and venue for any litigation arising from your use of this site or services shall be an appropriate court located in France.
- The laws of France shall govern these Terms and Conditions.
- If any provision of these Terms and Conditions is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of these Terms and Conditions be construed to remain fully valid, enforceable, and binding on the parties. In addition, the parties will replace the invalid or unenforceable provision with a provision that serves the same purpose in a valid and enforceable manner.