Line Charters - Terms and Conditions

This page states the "Terms and Conditions" under which you may use linecharters.com. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. Line Charters (the "Company") may revise these Terms and Conditions at any time by updating this posting. As they are binding, web site users should visit this page periodically to review the Terms and Conditions.

Within the context of this agreement, the terms "You" and "User" refer to all individuals and/or entities accessing the site for any reason. The term "Operators" refers specifically to those Users accessing this web site for the purpose of promoting and transacting commercial charter activities. The term "Customers" is used herein to refer to individuals and/or entities seeking to charter vessels through this web site. The term 'Boathook' used herein refers to Line Charter's proprietary calendar booking system.

Use of Web Site Content.

This site is intended for the booking, management and promotion of charter vessels. The Company authorises Operators and Customers to view and access content available on or from linecharters.com (the "Web Site") for their personal or commercial use.

The contents of this Web Site, and of all other websites under the Company's control, whether partial or otherwise (the Website and such other websites are sometimes collectively referred to as "Line Charters Sites") such as text, graphics, images, logos, button icons, software and other Web Site content (collectively, "Web Site Content"), are protected under both New Zealand and foreign copyright, trademark and other laws. All Web Site Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the Company and protected by NZ and international copyright laws. Unauthorised use of the Web Site Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Web Site Content on any copy You make of the Web Site Content. You may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute, or otherwise use the Web Site Content in any way for any public or commercial purpose without the Company's prior consent.

You shall not copy or adapt the HTML code that the Company creates to generate any Web Site Content or the pages making up any Line Charters Site. It is also protected by the Company's copyright.

Acceptable Site Use.

General Rules: Users may not use any Line Charters Site in order to transmit, distribute, store or destroy material, including without limitation Web Site Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Line Charters Site Security Rules.

Users are prohibited from violating or attempting to violate the security of any Line Charters Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Line Charters Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Operators' Passwords

Please take care of your password and keep it secure. Operators may change their password at any time by clicking on the 'Forgotten Password' link under the main login section at the top left of the Home page and follow the instructions provided.

Specific Prohibited Uses.

Line Charters Sites may be used only for lawful purposes of Customers seeking vessel charters and marine activity information, and Operators seeking customers. The Company specifically prohibits any use of the Web Site, and all Users agree not to use the Web Site, for any of the following:

- Posting any incomplete, false or inaccurate information or information which is misleading about a charter vessel or booking.

- Deleting or revising any material posted by any other person or entity.

- Using any device, software or routine to interfere or attempt to interfere with the proper working of any Line Charters Site or any activity being conducted on this site.

- Taking any action which imposes an unreasonable or disproportionately large load on any Line Charters Site's infrastructure.

- Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Line Charters Site other than the search engine and search agents available from the Company on such Line Charters Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

- Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Line Charters Site.

- Aggregating, copying or duplicating in any manner any of the Web Site Content or information available from any Line Charters Site.

User Information.

When Operators register for the Web Site, they will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, The Company will not disclose to any third party Operator or Customer name, address, e-mail address or telephone number without their prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant.

User Submissions.

Users are responsible for their own communications and the consequences of their posting. Users must not, and by using any Line Charters Site agree not to, do the following things: post material that is copyrighted, unless they are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless they own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

The Company does attempt to maintain the quality of its Web Content, nor does it represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. Users acknowledge that any reliance on material posted by other users will be at your own risk.

The Company acts as a passive conduit for the on-line distribution and publication of User-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a User of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to Users for performance or non-performance of such activities. The Company reserves the right to expel Users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. Operators expelled for violating the Terms and Conditions are not entitled to any refunds or any return of fees. The Company may take any action with respect to User-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

By submitting content to any public or non-public area of any Line charters Site, including directory listings, articles and advertisements Users grant the Company non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. Users also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to the User the right to grant the license stated above. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.

Any hyperlinks contained in a vessel listing submitted by an Operator may be disabled when such information is posted on a Line Charters Site.

Unsolicited Submissions

We appreciate hearing from our customers and welcome comments regarding our services and the Line Charters Sites. Furthermore while we welcome stories, articles and events information, the Company reminds Users that any such material received, is subject to the Web Site Content section of this agreement immediately upon receipt. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than vessel information, event details, articles or materials which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, Users send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.

Operator Registration and Password.

Operators are responsible for maintaining the confidentiality of their information and passwords. Operators shall be responsible for all uses of their registration, whether or not authorised by the Operator. Operators agree to immediately notify the Company of any unauthorised use of their registration or password.

Operator Requirements

Any vessel whose owner wishes to operate for hire or reward is required by law to do so within a Safe Ship Management System and to comply with all other provisions in the Maritime Transport Act and Marine Protection Rules.

All Operators registering on Line Charters Sites are required to ensure that their vessels are operated lawfully. In accepting these Terms and Conditions, Operators accept their legal responsibilities as a commercial operator with regard to charter vessels in accordance with New Zealand Maritime Law. The Company requires that every vessel posted on the Line Charters vessel directory holds a MSA number and a Safe Ship Management Certificate. Any communication relating to vessels that do not operate within a Safe Ship Management System and comply with all other provisions in the Maritime Transport Act and Marine Protection Rules, will be expelled from Line Charters Sites.

Full details of the legal requirements of Operators of commercial vessels may be obtained from Maritime Safety Authority of New Zealand (www.msa.govt.nz).

In subscribing to the Company's 'Boathook' calender booking service, Operators accept that they have a responsibility to keep their booking calender up-to-date in respect of a charter vessels availability and uphold the credibility of the booking calender service and the Line Charters Site. Those Operators who are found to be repeatedly negligent in this respect may be expelled from the Web Site.

The Company's Liability.

The Company's Web Site (linecharters.com) is only a venue. This Web Site acts as a venue for Operators to promote charter activities and services - the Company does not screen or censor the listings offered. The Company is not involved in the actual transaction between Operators and Customers. Operators are solely responsible for their listings on Line Charters Sites. As a result, the Company has no control over the quality, safety or legality of the charter activities or vessels listed, the truth or accuracy of the listings, the ability of Operators to offer charters to Customers or the ability of Customers to make a booking. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. Users assume all risks associated with dealing with other Users with whom they come in contact through the Web Site and/or the other Line Charters Sites.

Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on any Line Charters Site, in the event that You have a dispute with one or more Users, You release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

We are under no legal obligation to, and generally do not, control the information provided by other Users which is made available through the Web Site and/or the other Line Charters Sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. We expect that Users will use caution and common sense when using this Web Site and/or the other Line Charters Sites.

The Web Site Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any Line charters Site or the Web Site Content. The use of Line Charters Sites and the Web Site Content is at your own risk. Changes are periodically made to Line Charters Sites and may be made at any time.

The Company does not warrant that any Line Charters Site will operate error-free or that any Line Charters Site and its server are free of computer viruses or other harmful mechanisms. If your use of any Line Charters Site or The Web Site Content results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs. The Line Charters Sites And Web Site Content are provided on an "as is" basis without any warranties of any kind. The Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the web site content, services, software, text, graphics, and links.

Disclaimer of Consequential Damages.

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY LINE CHARTERS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY LINE CHARTERS SITE AND THE WEB SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Other Sites.

The Web Site and other Line Charters Sites contain links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. Users deciding to access linked third party Web sites, do so at their own risk.

LIMITATION OF LIABILITY

LINE CHARTERS' MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY LINE CHARTERS SITE OR YOUR USE OF THE WEB SITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

Termination.

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and the other Line charters Sites and immediate termination of your registration with or ability to access this Web Site and the other Line charters Sites and/or any other service provided to You by the Company, upon any breach by You of these Terms and Conditions or if the Company is unable to verify or authenticate any information You submit to the Web Site or other Line Charters Site registration.

Indemnity.

Users agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any material You provide to a Line charters Site, (ii) any Web Site Content that You use or (iii) your breach of the terms of these Terms and Conditions. The Company shall provide notice to You promptly of any such claim, suit, or proceeding and shall assist You, at your expense, in defending any such claim, suit or proceeding.

General.

The internet is an emerging and evolving medium and the regulatory and administrative framework under which we operate is constantly developing. For these reasons we reserve the right to make reasonable modifications to these Terms and Conditions at any time. We will only do so when we have good reason. No change will have the effect of requiring an increase in fees from you in advance of the next renewal of the 'Boathook' calendar subscription.

If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Web Site, a particular "Legal Notice," or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between You and the Company with respect to the use of Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

Additional Terms of Use.

Certain areas of this Web Site and the other Line charters Sites are subject to additional terms of use. By using such areas, or any part thereof, You agree to be bound by the additional terms of use applicable to such areas.

Top of page