Terms of Service
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the DutchWorkboats Platform, you agree to comply with and be bound by these Terms of Service.
Please note: Section 19 of these Terms of Service contains an arbitration clause and class action waiver that applies to all DutchWorkboats Supplier s. It affects how disputes with DutchWorkboats are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Last Updated: March 26, 2018
Thank you for using DutchWorkboats!
These Terms of Service (“Terms“) constitute a legally binding agreement (“Agreement“) between you and DutchWorkboats (as defined below) governing your access to and use of the DutchWorkboats website, including any subdomains thereof, and any other websites through which DutchWorkboats makes the DutchWorkboats Services available (collectively, “Site“), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “DutchWorkboats Services“). The Site, Application and DutchWorkboats Services together are hereinafter collectively referred to as the “DutchWorkboats Platform”. When these Terms mention “DutchWorkboats,” “we,” “us,” or “our,” it refers to the DutchWorkboats company you are contracting with:
P.O. Box 1
1398 ZG Muiden
1. Scope of DutchWorkboats Services
1.1 The DutchWorkboats Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer workboats are “Owners” and the boats they offer are “workboats”) to publish such workboats on the DutchWorkboats Platform (“Listings”) and to communicate and transact directly with Members that are seeking to buy or rent a workboat.
1.2 As the provider of the DutchWorkboats Platform, DutchWorkboats does not own, sell, resell, provide, control, manage, offer, deliver, or supply any Listings. Owners alone are responsible for their Listings and Rental services. When Members buy, rent, sell or rent out a workboat, they are entering into a contract directly with each other. DutchWorkboats is not and does not become a party to or other participant in any contractual relationship between Members, nor is DutchWorkboats a broker or insurer. DutchWorkboats is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, DutchWorkboats has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Rental services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. DutchWorkboats does not endorse any Member, Listing or Rental services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by DutchWorkboats about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to buy or rent a workboat, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by DutchWorkboats of any Owner or Listing.
1.4 If you choose to use the DutchWorkboats Platform as an Owner or Co-Owner (as defined below), your relationship with DutchWorkboats is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of DutchWorkboats for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of DutchWorkboats.
1.5 To promote the DutchWorkboats Platform and to increase the exposure of Listings to potential Buyers or Renters, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content are always translated into English (if applicable). DutchWorkboats cannot guarantee the accuracy or quality of translations and Members are responsible for reviewing and verifying the accuracy of such translations. The DutchWorkboats Platform 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 for merchantability, fitness for a particular purpose and noninfringement.
1.6 The DutchWorkboats Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. DutchWorkboats is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by DutchWorkboats of such Third-Party Services.
1.7 Due to the nature of the Internet, DutchWorkboats cannot guarantee the continuous and uninterrupted availability and accessibility of the DutchWorkboats Platform. DutchWorkboats may restrict the availability of the DutchWorkboats Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the DutchWorkboats Platform. DutchWorkboats may improve, enhance and modify the DutchWorkboats Platform and introduce new DutchWorkboats Services from time to time.
2. Eligibility, Using the DutchWorkboats Platform, Member Verification
2.1 You must be the legal representative of at least 18 years old and able to enter into legally binding contracts to access and use the DutchWorkboats Platform or register a DutchWorkboats Account. By accessing or using the DutchWorkboats Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to represent the owner of the workboat and enter into a contract.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Owner Service(s) are located or take place in a country that is subject to a EU embargo, or that has been designated by the EU as a “terrorist supporting” country, and (ii) you are not listed on any EU list of prohibited or restricted parties.
2.3 DutchWorkboats may make the access to and use of the DutchWorkboats Platform, or certain areas or features of the DutchWorkboats Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the DutchWorkboats Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the DutchWorkboats Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
3. Modification of these Terms
DutchWorkboats reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the DutchWorkboats Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the DutchWorkboats Platform will constitute acceptance of the revised Terms.
4. (not applicable)
5.1 DutchWorkboats may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the DutchWorkboats Platform (“Member Content“); and (ii) access and view Member Content and any content that DutchWorkboats itself makes available on or through the DutchWorkboats Platform, including proprietary DutchWorkboats content and any content licensed or authorized for use by or through DutchWorkboats from a third party (“DutchWorkboats Content” and together with Member Content, “Collective Content“).
5.2 The DutchWorkboats Platform, DutchWorkboats Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the EU and other countries. You acknowledge and agree that the DutchWorkboats Platform and DutchWorkboats Content, including all associated intellectual property rights, are the exclusive property of DutchWorkboats and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the DutchWorkboats Platform, DutchWorkboats Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of DutchWorkboats used on or in connection with the DutchWorkboats Platform and DutchWorkboats Content are trademarks or registered trademarks of DutchWorkboats. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the DutchWorkboats Platform, DutchWorkboats Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the DutchWorkboats Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by DutchWorkboats or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, DutchWorkboats grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any Collective Content made available on or through the DutchWorkboats Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the DutchWorkboats Platform, you grant to DutchWorkboats a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the DutchWorkboats Platform, in any media or platform. Unless you provide specific consent, DutchWorkboats does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 DutchWorkboats may offer Owners the option of having professional photographers take photographs of their Rental services, which are made available by the photographer to Owners to include in their Listings with or without a watermark or tag bearing the words “DutchWorkboats.com Verified Photo” or similar wording (“Verified Images“). You are responsible for ensuring that your Owner Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the DutchWorkboats Platform if they no longer accurately represent your Listing, if you stop hosting the Owner Service featured, or if your DutchWorkboats Account is terminated or suspended for any reason. You acknowledge and agree that DutchWorkboats shall have the right to use any Verified Images in advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where DutchWorkboats is not the exclusive owner of Verified Images, by using such Verified Images on or through the DutchWorkboats Platform, you grant to DutchWorkboats an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. DutchWorkboats in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the DutchWorkboats Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the DutchWorkboats Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the DutchWorkboats Platform or you have all rights, licenses, consents and releases that are necessary to grant to DutchWorkboats the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or DutchWorkboats’s use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates DutchWorkboats’s Content Policy or any other DutchWorkboats policy. DutchWorkboats may, without prior notice, remove or disable access to any Member Content that DutchWorkboats finds to be in violation of these Terms or DutchWorkboats’s then-current Policies or Standards, or otherwise may be harmful or objectionable to DutchWorkboats, its Members, third parties, or property.
5.9 DutchWorkboats respects copyright law and expects its Members to do the same. If you believe that any content on the DutchWorkboats Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6. Service Fees
6.1 DutchWorkboats may charge fees to Owners (“Owner Fees“) and/or Buyers (“Buyer Fees“) (collectively, “Service Fees“) in consideration for the use of the DutchWorkboats Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees paragraphe.
6.2 Any applicable Service Fees (including any applicable Taxes) will be mailed to a Owner or Guest prior to publishing or booking a Listing. DutchWorkboats reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to DutchWorkboats. The applicable Service Fees are due and payable and collected by DutchWorkboats Payments pursuant to the Payments Terms. Except as otherwise provided on the DutchWorkboats Platform, Service Fees are non-refundable.
7. Terms specific for Owners
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the DutchWorkboats Platform you must (i) provide complete and accurate information about your Owner Service (such as listing description, location, quality rating and availability notice), (ii) disclose any deficiencies, restrictions and requirements that apply (such damages) and (iii) provide any other pertinent information requested by DutchWorkboats. You are responsible for keeping your Listing information (including availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Listing Fee”). Once a Buyer/renter sends a RFI for your Listing, starting point for price negotiation is the price displayed in your listing.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to workboats for rent, must not conflict with these Terms or the cancellation policy you have selected for your Listing.
7.1.4 Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Rental services. DutchWorkboats reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on the DutchWorkboats Platform may vary and depend on a variety of factors, such as search parameters and preferences, Owner requirements, price and availability, number and quality of Images, customer service and cancellation history, Ratings, type of Owner Service, and/or ease of booking.
7.1.6 When you accept or have pre-approved a request by a Buyer, you are entering into a legally binding BIMCO-agreement with the Buyer and are required to provide your Boat(s) to the Buyer as described in your Listing when the Agreement is made. You also agree to pay the applicable Owner Fee and any applicable Taxes, which will be collected pursuant to the Payments Terms.
7.1.7 Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the transport, delivery and reception.
7.2 Listing Accommodations
7.2.1 You may list multiple workboats per member.
7.2.2 If you choose to require a security deposit for your workboat, you must specify this in your Listing. Owners are not allowed to ask for a Security Deposit after a RFP has been confirmed or outside of the DutchWorkboats Platform. DutchWorkboats will use commercially reasonable efforts to address Owners’ requests and claims related to Security Deposits, but DutchWorkboats is not responsible for administering or accepting any claims by Owners related to Security Deposits.
7.2.3 You represent and warrant that any Listing you post and the sale or rent out of, a workboat will (i) not breach any agreements you have entered into with any third parties,, and (ii) comply with all applicable laws, Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As an Owner, you are responsible for your own acts and omissions
7.3 Listing Experiences, Events and other Rental services
7.3.1 To list an Owner Service, you must create a Listing and submit the Owner Service to DutchWorkboats. To be considered for publishing on the DutchWorkboats Platform, Rental services must at all times meet the quality standards for Experiences and meet Renter’s demand. DutchWorkboats reserves the right to decide, in its sole discretion, if a submitted Experience, Event or other Owner Service will be published on the DutchWorkboats Platform.
7.3.4 You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your Owner Service(s), and (ii) will obtain any required licenses, permits, or registrations prior to providing your Owner Service(s).
7.4.1 DutchWorkboats may enable Owners to authorize other Members (“Co-Owners”) to administer the Host’s Listing(s), and to bind the Owner and take certain actions in relation to the Listing(s) as permitted by the Owner, such as accepting RFI’s, mailing Renters/Buyers, and updating the Listing Fee and availability (collectively, “Co-Rental services”). Any agreement formed between Owner and Co-Owner may not conflict with these Terms and the Payments Terms. Co-Owners may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by DutchWorkboats. DutchWorkboats reserves the right, in our sole discretion, to limit the number of Co-Owners a Owner may invite for each Listing and to limit the number of Listings a Co-Owner may manage.
7.4.3 Owners and Co-Owners agree that each activity, booking, or other transaction reported on the DutchWorkboats Platform, including any Co-Rental services provided by the Co-Owner and any amounts due from a Owner to the Co-Owner for the provision of such services, will be deemed accurate, correct and binding, unless challenged, by notifying the other person and DutchWorkboats, within 21 days of posting of the disputed activity, booking or other transaction on the DutchWorkboats Platform.
8. Terms specific for Buyers/renters
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by the Owner, you can send a RFI for a Listing available on the DutchWorkboats Platform by sending your emailadres or phone number in the applicable fields on the workboats product page. All applicable fees, and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to selling/renting out a Listing. You agree to pay the Total Fees for any sale/rent out requested in connection with your DutchWorkboats Account.
8.1.2 Upon receipt of a sale/rental confirmation from DutchWorkboats, a legally binding agreement is formed between you and the Owner, subject to any additional terms and conditions of the Owner that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing.
8.2 Renting workboats
8.2.1 You understand that a confirmed booking of a Workboat (“Workboat Booking”) is a limited license granted to you by the Owner to use the Workboat for the duration as agreed, during which time the Owner (only where and to the extent permitted by applicable law) retains the right to re-enter the Workboat, in accordance with your agreement with the Owner.
8.2.2 You agree to return the Workboat no later than that the Owner specifies in the Listing or such other time as mutually agreed upon between you and the Owner. If you want to rent past the agreed term you must inform the owner one month in advance per email. An supplement will be added to the original contract and Owner is entitled to charge youand you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overrent, an additional fee of up to two (2) times the average dayly Listing Fee originally paid by you to cover the inconvenience suffered by the Owner, plus all applicable Taxes, and any legal expenses incurred by the Owner to make you return (collectively, “Overrent Fees“). Overrent Fees for late returns that do not impact upcoming bookings may be limited to the additional costs incurred by the Owner as a result of such Overrent.
9. Booking Modifications, Cancellations and Refunds, Resolution Center
9.1 Owners and Buyers/renters are responsible for any modifications to a booking that they make via the DutchWorkboats Platform or direct DutchWorkboats customer service to make (“Booking Modifications“), and agree to pay any additional Owner Fees or Buyer/renter Fees and/or Taxes associated with such Booking Modifications.
9.2 Guests can cancel a confirmed booking at any time subject to the Listing’s cancellation policy, and Owner will provide any refund to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any amounts due to the Owner under the applicable cancellation policy will be remitted to the Owner by Renter pursuant to the Payments Terms.
9.3 If an Owner cancels a confirmed booking, the Renter will receive a full refund of the Total Fees for such booking. In addition, DutchWorkboats may (i) keep the Listing unavailable or blocked, and/or (ii) impose a cancellation fee, unless the Owner has a valid reason for cancelling the booking pursuant to DutchWorkboats’ Extenuating Circumstances Policy or has legitimate concerns about the Renters behavior.
10. Ratings and Reviews
10.1 Within a certain timeframe after delivery of the boat, Renters must leave a review (“Review”) and submit a star rating (“Rating”) about the workboat. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of DutchWorkboats. Ratings and Reviews are not verified by DutchWorkboats for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Buyers/Renters and Owners must be fair, truthful and factual and may not contain any offensive or defamatory language. Ratings and Reviews must comply with DutchWorkboats’s Content Policy and Extortion Policy.
10.3 For rental workboats, an On-charter and Off-charter survey can be conducted on instigation of Owner and/or Renter. Any signs of use, damage and/or other observed defiances can be settled by mutual acceptance of the third party survey price indication.
11. Damage to Workboats, Disputes between Members
11.1 As a Renter, you are responsible for returning the Workboat (including any equipment or other property inventory at the Workboat) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Workboat, excluding the Owner (and the individuals the Owner invites to the Workboat, if applicable).
11.2 If a Owner claims and provides evidence that you as a Renter have damaged a Workboat or any other property at a Workboat (“Damage Claim“), the Owner can seek payment from you through third party On- and Off-charter Surveyor. If an Owner escalates a Damage Claim to DutchWorkboats, you will be given an opportunity to respond. If you agree to pay the Owner, or third party On- and Off-charter Surveyor determines in its sole discretion that you are responsible for the Damage Claim, Owner will collect any such sums from you required to cover the Damage Claim pursuant to the Payments Terms. 11.3 Members agree to cooperate with and assist DutchWorkboats in good faith, and to provide DutchWorkboats with such information and take such actions as may be reasonably requested by DutchWorkboats, in connection with any Damage Claims or other complaints or claims made by Members relating to Workboats or any property located at aWorkboat (including, without limitation, payment requests made under the DutchWorkboats Owner Guarantee),. A Member shall, upon DutchWorkboats’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by DutchWorkboats or a third party selected by DutchWorkboats or its insurer, with respect to losses for which a Member is requesting payment from DutchWorkboats (including but not limited to payments under the DutchWorkboats Owner Guarantee).
11.4 If you are a Renter, you understand and agree that DutchWorkboats may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to a Workboat or any other property located at aWorkboat (including without limitation amounts paid by DutchWorkboats under the DutchWorkboats Owner Guarantee). You agree to cooperate with and assist DutchWorkboats in good faith, and to provide DutchWorkboats with such information as may be reasonably requested by DutchWorkboats, to make a claim under your Owner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as DutchWorkboats may reasonably request to assist DutchWorkboats in accomplishing the foregoing.
13.1 As a Owner you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes(“Taxes“).
13.2 Tax regulations may require us to collect appropriate Tax information from Owners, If a Owner fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
14. Prohibited Activities
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the DutchWorkboats Platform. In connection with your use of the DutchWorkboats Platform, you will not and will not assist or enable others to:
•breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
•use the DutchWorkboats Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies DutchWorkboats endorsement, partnership or otherwise misleads others as to your affiliation with DutchWorkboats;
•use the DutchWorkboats Platform in connection with the distribution of unsolicited commercial messages (“spam”);
•offer, as a Owner, any Workboat that you or your company do not own or have permission to make available as a property through the DutchWorkboats Platform;
•unless DutchWorkboats explicitly permits otherwise, book any Listing if you or your company will not actually be using the Rental services yourself;
•contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member’s use of the DutchWorkboats Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
•use the DutchWorkboats Platform to request, make or accept a booking independent of the DutchWorkboats Platform, to circumvent any Service Fees or for any other reason;
•use, display, mirror or frame the DutchWorkboats Platform or Collective Content, or any individual element within the DutchWorkboats Platform, DutchWorkboats’s name, any DutchWorkboats trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the DutchWorkboats Platform, without DutchWorkboats’s express written consent;
•dilute, tarnish or otherwise harm the DutchWorkboats brand in any way, including through unauthorized use of Collective Content, registering and/or using DutchWorkboats or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to DutchWorkboats domains, trademarks, taglines, promotional campaigns or Collective Content;
•use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the DutchWorkboats Platform for any purpose;
•avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by DutchWorkboats or any of DutchWorkboats’s providers or any other third party to protect the DutchWorkboats Platform;
•attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the DutchWorkboats Platform;
•take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the DutchWorkboats Platform;
•export, re-export, import, or transfer the Content of the DutcWorkboats platform except when explicitly authorised by DutchWorkboats; or
•violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.2 You acknowledge that DutchWorkboats has no obligation to monitor the access to or use of the DutchWorkboats Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the DutchWorkboats Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist DutchWorkboats in good faith, and to provide DutchWorkboats with such information and take such actions as may be reasonably requested by DutchWorkboats with respect to any investigation undertaken by DutchWorkboats or a representative of DutchWorkboats regarding the use or abuse of the DutchWorkboats Platform.
14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to DutchWorkboats by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
15. Term and Termination, Suspension and other Measures
15.1 This Agreement shall be effective for a one year term, at the end of which it will automatically and continuously renew for subsequent one year terms until such time when you or DutchWorkboats terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your DutchWorkboats Account as a Owner, any confirmed booking(s) will be automatically cancelled and your Renters will be noticed. If you cancel your DutchWorkboats Account as a Renter, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 Without limiting our rights specified below, DutchWorkboats may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
15.4 DutchWorkboats may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) DutchWorkboats believes in good faith that such action is reasonably necessary to protect the personal safety or property of DutchWorkboats, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, DutchWorkboats may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the DutchWorkboats Account registration, Listing process or thereafter, (iv) you and/or your Listings or Rental services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or DutchWorkboats otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to RFI requests without a valid reason, or (vii) DutchWorkboats believes in good faith that such action is reasonably necessary to protect the personal safety or property of DutchWorkboats, its Members, or third parties, or to prevent fraud or other illegal activity:
•refuse to surface, delete or delay any Listings, Ratings,, or other Member Content;
•cancel any pending or confirmed bookings;
•limit your access to or use of the DutchWorkboats Platform;
•temporarily or permanently revoke any special status associated with your DutchWorkboats Account; or
•temporarily or in case of severe or repeated offenses permanently suspend your DutchWorkboats Account.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by DutchWorkboats and an opportunity to resolve the issue to DutchWorkboats’s reasonable satisfaction.
15.7 When this Agreement has been terminated, you are not entitled to a restoration of your DutchWorkboats Account or any of your Member Content. If your access to or use of the DutchWorkboats Platform has been limited or your DutchWorkboats Account has been suspended or this Agreement has been terminated by us, you may not register a new DutchWorkboats Account or access and use the DutchWorkboats Platform through a DutchWorkboats Account of another Member.
15.8 If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the DutchWorkboats Platform or Collective Content, you do so voluntarily and at your sole risk. The DutchWorkboats Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the DutchWorkboats Services, laws, rules, or regulations that may be applicable to your Listings and/or Rental services you are receiving and that you are not relying upon any statement of law or fact made by DutchWorkboats relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that Rental services may carry inherent risk, and by participating in those Rental services, you choose to assume those risks voluntarily. You agree to release and hold harmless DutchWorkboats from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs during the Owner Service or in any way related to your Owner Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
17.1 Unless you reside in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the DutchWorkboats Platform and Collective Content, your publishing or booking of any Listing via the DutchWorkboats Platform, your use of any Workboat, or use of any other Owner Service or any other interaction you have with other Members whether in person or online remains with you. Neither DutchWorkboats nor any other party involved in creating, producing, or delivering the DutchWorkboats Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the DutchWorkboats Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the DutchWorkboats Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Rental services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not DutchWorkboats has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Owners pursuant to these Terms or an approved payment request under the DutchWorkboats Owner Guarantee, in no event will DutchWorkboats’s aggregate liability arising out of or in connection with these Terms and your use of the DutchWorkboats Platform including, but not limited to, from your publishing or booking of any Listings via the DutchWorkboats Platform, or from the use of or inability to use the DutchWorkboats Platform or Collective Content and in connection with any Workboat, or other Owner Service, or interactions with any other Members, 17.2 If you reside in the EU, DutchWorkboats is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. DutchWorkboats is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of DutchWorkboats in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of DutchWorkboats is excluded.
You agree to release, defend (at DutchWorkboats’s option), indemnify, and hold DutchWorkboats and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the DutchWorkboats Platform or any DutchWorkboats Services, (iii) your interaction with any Member, use of a Workboat, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, or use, (or (iv) your breach of any laws, regulations or third party rights.
19. Dispute Resolution and Arbitration Agreement
19.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the EU; or (ii) do not reside in the EU, but bring any claim against DutchWorkboats in the EU (to the extent not in conflict with Section 21).
19.2 Overview of Dispute Resolution Process. DutchWorkboats is committed to participating in a friendly dispute resolution process. To that end, these Terms provide for a two-part process for companies to whom Section 19.1 applies: (1) an informal negotiation directly with DutchWorkboats’s customer service team, and (2) a binding arbitration administered by a third party Expert Arbitration using its specially designed Consumer Arbitration Rules (as modified by this Section 19). Specifically, the process provides:
•Claims can be filed with DWB per mail (firstname.lastname@example.org) ;
•Arbitrators must be neutral and no party may unilaterally select an arbitrator;
•Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
•Parties retain the right to seek relief in small claims court for certain claims, at their option;
•••The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and DutchWorkboats each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact DutchWorkboats’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with DWB.
19.4 Agreement to Arbitrate. You and DutchWorkboats mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the DutchWorkboats Platform, the Rental services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and DutchWorkboats agree that the arbitrator will decide that issue.
19.5 Exceptions to Arbitration Agreement. You and DutchWorkboats each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
19.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
19.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if DutchWorkboats changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of DutchWorkboats’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and DutchWorkboats in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
19.14 Survival. Except as provided in Section 19.12 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the DutchWorkboats Platform or terminate your DutchWorkboats Account.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the DutchWorkboats Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the DutchWorkboats Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
21. Applicable Law and Jurisdiction
21.1 If you reside in the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
21.2 If you reside in China these Terms will be interpreted in accordance with the laws of China (“China Laws”). Any dispute arising from or in connection with this Agreement shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing which shall be conducted in accordance with CIETAC’s arbitration rules in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which DutchWorkboats may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties.
21.3 If you reside outside of the United States and China, these Terms will be interpreted in accordance with Dutch law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a company according to the protection regulations of your country of residence. If you are acting as a company, you agree to submit to the non-exclusive jurisdiction of the Dutch courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in the Netherlands or a court with jurisdiction in your place of residence. If DutchWorkboats wishes to enforce any of its rights against you as a business, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Dutch courts.
22. General Provisions
22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between DutchWorkboats and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between DutchWorkboats and you in relation to the access to and use of the DutchWorkboats Platform.
22.2 No joint venture, partnership, employment, or agency relationship exists between you and DutchWorkboats as a result of this Agreement or your use of the DutchWorkboats Platform.
22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
22.5 DutchWorkboats’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without DutchWorkboats’s prior written consent. DutchWorkboats may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
22.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by DutchWorkboats via email, DutchWorkboats Platform notification, or messaging service (including SMS and WeChat).
22.8 If you reside in the EU you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that DutchWorkboats Ireland is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
22.9 If you have any questions about these Terms please email us.