TERMS AND CONDITIONS BETWEEN AQUAPP AND USERS
Global Developments IT LLC, with ID Number 406283962 (hereinafter the Company or Aquapp), with legal address in Georgia, is a company duly incorporated under Georgia law, which is a Market place and is responsible for the realization of advertising, promotions and marketing through a digital platform consisting of a web page "www.aquapp.co" and a mobile application called "AQUAPP", to digitally connect people and companies wishing to enjoy experiences in the water hereinafter "USERS" with THIRD-PARTY INDEPENDENT SUPPLIERS of services (natural or legal Person), products and nautical experiences hereinafter "INDEPENDENT SUPPLIERS", who upload their offer through the creation of "ANNOUNCEMENTS" in their profile to be published on the platform (Application and Web).
Aquapp is not a transport company, does not supply transportation services, nor acts as a representative, commercial agent or commission agent of any natural or legal person that supplies any water transport service (maritime, lagoon or river)
Any natural or legal person who accesses, surf or uses the application, digital platform or Aquapp websites for the purpose of contracting any service supplied by the Company through its independent suppliers, for the purposes of this document. will be called the "User" and likewise recognizes and accepts that by accessing and using the Aquapp Application or websites, it will be subject to the provisions of these terms and conditions (hereinafter, the T & Co).
To access the services through the website (www.aquapp.co) or the application for mobile devices "Aquapp", it is necessary that the User accepts the T & Co at the time of registration.
Modification of the T & Co- Aquapp reserves the right to modify the conditions relating to the Services when it considers it is appropriate. Said modifications shall take effect once the publication by Aquapp of the updated T & Co in their web portals has been made. The access or continued use of the Services by the User after such publication constitutes your consent and acceptance to be bound by the current T & Co and their respective modifications.
The authorized operator of Aquapp in Colombia it's Global Developments Col S.A.S., encharged of the relation with independent providers and local customer service.
To register as a User and access the services offered by Aquapp through its web portals, it is necessary to be older and have full capacity to contract the obligations set out in these T & Co.
Through its acceptance, the User declares to have full legal capacity to access the Services and contract directly with the INDEPENDENT SUPPLIER, supplier of the service, product or experience, the Administrator as a person duly authorized to contract on behalf of the Owner, or the Captain of the vessel that the User has selected (who for the purposes of this document will be called Independent suppliers), who will be in charge and responsible for the provision of the contracted service. The User is directly responsible for the minors who are in the respective vessel, as well as the damages caused by them and any of their companions.
The services supplied by Aquapp are not available for the use of people under 18 years of age. The User can not authorize third parties to use your Account, in this way, the User can not allow minors who receive transport services through the Aquapp platform, unless those are accompanied by the User. The User will be responsible for the use of your Account by any third party.
In some cases, the independent supplier may require the User to supply an identity document in order to access transportation services by them. The User accepts that he/she may be denied access or use of the services, if he/she refuses to supply the required identity document.
The User may not assign or transfer your Account in any way to any other natural or legal person. The User agrees to comply with the legislation of the country where he/she will receive the services contracted through the Aquapp platform and will only be able to use said services for legitimate purposes, in this sense he/she will not be able to do so for illicit purposes such as the transport of substances, documents or any type of illegal goods or hazardous materials, among others.
The registration as a User is done in a virtual way through the digital platform or the application, entering the data and the respective supports when required, in the manner indicated in the PLATFORM, such as full name, identity document, telephone, email, among others. The User declares and guarantees that the information and data supplied to the Platform is accurate and up-to-date.
Processing of personal data- By accepting the present T & Co, the User gives his / her consent for the inclusion of his / her personal data in the Aquapp Database, with the commercial, administrative and financial purposes, in accordance with the established in the Internal Manual of Policies and Procedures for the Treatment of Personal Data of Aquapp and the current legal provisions that regulate the matter. Said manual is published on the Company's website.
Users may get in touch with the independent suppliers once the transaction is made, through the Aquapp digital platform.
Once registered, Users can use the Platform to view the ANNOUNCEMENTS with the different offers of services, products and experiences offered by the INDEPENDENT SUPPLIERS, get in touch, request the services and make the corresponding payment by the different means supplied by the PLATFORM for that end. The obligations arising from such contracts, for example, the transfer of the User or the payment of the price according to the agreed rate, are the exclusive responsibility of their contractors (the INDEPENDENT SUPPLIER with the USER) and not of Aquapp, which works exclusively as a digital platform to connect independent suppliers with users. There will be no solidarity between Aquapp and the service suppliers nor Owner of the vessel, due to any obligation contracted with the User derived from the use of the application.
Exclusion of employment relationship- It is clearly understood that there will be no employment relationship between Aquapp and the independent suppliers, nor will there be any employment relationship between Aquapp and the Users regarding the use of THE PLATFORM or the contractual relationships that arise. between the User and the independent suppliers, by virtue of their use.
In the use of the services supplied, the User will refrain from causing inconvenience, incomodities or damage to the property (the vessel, Island, etc.) as well as the Captain, Administrator or any other party or third party.
The User shall be the onlyone responsible for paying the corresponding value for any compensation for damages or losses caused directly or by any of his/her companions both to the vessel, as to any member of the crew (including the Owner or Administrator) as well as any physical or material damage suffered by any third party due to fault or fraud of the User or his/her companions, on the occasion of the service supplied.
In the event that the Owner of the vessel informs of the need to carry out any repair as a consequence of the User's conduct, action or omission and such repair or damage is verified by Aquapp in its sole discretion, the Company reserves the right to facilitate payment for the reasonable cost of said repair in favor of the Owner of the vessel or the third party, using the payment method indicated by the User in your account. These costs, as well as those charges for the return of objects forgotten in the boat, will be transferred by Aquapp to the independent spplier and will not be reimbursable. Aquapp will notify the User of the concept of said cost and its respective value.
Aquapp reserves the right to restrict, suspend or cancel the use of THE PLATFORM to any User, without prior notice and without any type of compensation.
The parties understand that Aquapp will not be responsible for the delay or failure by the Independent Supplier.
The User may use the services of Aquapp to request and plan services or products offered by independent suppliers, but expressly accepts that Aquapp has no responsibility with the User in relation to any logistics service or transportation of goods or persons, supplied in favor of the User by the independent supplier.
Aquapp will not be responsible for any damage or loss that may arise from the use of the Services or the absolute or relative inability of the User to access the Services offered by the Company. Aquapp will not be responsible for any transaction or relationship between the User and the Independent Service Supplier.
If for any reason attributable to the User there are damages for Aquapp, shall have the right to recourse against the User for the amounts paid plus the costs, expenses and damages that may arise due to such circumstance, provided that it is proved and acknowledges that the damage to Aquapp is attributable to an action or omission of the User or any of his/her companions.
Aquapp will not be responsible for the commitments that the User acquires with the independent supplier and third parties, which will be the exclusive responsibility of the parties. The User shall indemnify and hold harmless Aquapp, for any fine or damage that was proven and suffered by the Company, by or on the occasion of the breach of these T & Co or any conduct of the User or his/her companions.
Limitation of liability- Aquapp will not be liable for indirect, incidental, special, significant, punitive or consequential damages, including lost profits, consequential damages, personal injuries, or of relative damages or in relation to the provision of the services that it promotes or facilitates Aquapp through THE PLATFORM.
AQUAPP shall not be liable for any damage, liability or loss arising from its use or dependence on the services or its inability to access or use them or any transaction or relationship between the User and the independent supplier or any third party supplier. In no case shall Aquapp's total liability to the User, on the occasion of the supply of services that could generate damages, losses or any kind of patrimonial liability, exceed One Thousend Five hundred United States Dolar (USD 1.500).
Aquapp reserves all the material and intangible rights that are not expressly granted. Any type of distribution, reproduction, modification, creation of derivative works, or extraction of information and private communication or published by any of Aquapp's virtual platforms is prohibited. All logos, brands, emblems, photos, videos, images, texts, templates, symbols, and any other material or content related to the service supplied constitute intellectual property (copyright and industrial property) of Aquapp.
Arbitration Clause- In the event of any controversy or difference related to this contract, other than those that, due to their nature, must be investigated and decided by a maritime authority, THE PARTIES shall seek a direct settlement of the conflict within fifteen (15) business days. following the notification of one party to the other about the existence of such disagreement. In the event that THE PARTIES fail to reach a direct settlement for any reason, THE PARTIES agree that they will go to the Arbitration Court which will meet at the Arbitration and Conciliation Center of Florida, in accordance with the following rules:
Acceptance of the T & Co- By clicking on the "I accept" option, the User expressly acknowledges that he/she has read, understood and accepted all the provisions of these Terms and Conditions, which the User agrees to fully comply with, stating expressly that he is legally competent to contract the rights and obligations derived from these T & Co, which govern their legal link with Aquapp.
Contractual legal address and applicable law- These Terms and Conditions shall be governed by and construed in accordance with Georgia law.
TERMS AND CONDITIONS BETWEEN AQUAPP AND INDEPENDENT THIRD-PARTY SUPPLIERS
These terms and conditions for the third independent supplier are legally binding. By creating your profile and completing the acceptance checkbox, you confirm that you have read, understood and agreed to be bound by the Conditions described below.
Global Developments IT LLC, a Georgia LLC (hereinafter the Company or Aquapp), with legal address in Georgia, is a company duly incorporated under Georgia law, which is a Market place and is responsible for the realization of advertising, promotions and marketing through a digital platform consisting of a web page "www.aquapp.co" and a mobile application called "AQUAPP", to digitally connect people and companies wishing to enjoy experiences in the water hereinafter called "USERS" with THIRD-PARTY INDEPENDENT SUPPLIERS of services (natural or legal Person), products and nautical experiences hereinafter called "INDEPENDENT SUPPLIERS", who upload their offer through the creation of "ANNOUNCEMENTS" in their profile to be published on the platform (Application and Web).
Any natural or legal person that uses the AQUAPP application, platform or websites for the purpose of advertising their services for future contact with USERS will be called "THE THIRD INDEPENDENT SUPPLIER", who must accept and be subject to the provisions in these terms and conditions "T & Co" at the time of registration and when any update thereof is made.
AQUAPP, does not supply transport service, is not a transport company, nor acts as a representative or commercial agent of any natural or legal person that supplies any transport service.AQUAPP is a digital Market place that is responsible for suppliying technological solutions and information that allows the visibility of experiences, products or nautical services published through ANNOUNCEMENTS by the INDEPENDENT SUPPLIER in favor of USERS that require to enjoy said service; The INDEPENDENT SUPPLIERS expressly have the right to dispose of the product or service they offer and to know the rules governing maritime and related activities, especially the national and international maritime legislation, and their obligations for the provision of what is offered in the advertisement.
OBLIGATIONS OF AQUAPP:
AQUAPP is obliged to THE INDEPENDENT SUPPLIER, without reservation of the other obligations established by law or these T & Co, especially to the following:
OBLIGATIONS OF THE INDEPENDENT SUPPLIER: THE INDEPENDENT SUPPLIER is bound to AQUAPP, without reservation of the other obligations established by law or these T & Co, especially to the following:
OBLIGATIONS OF THE INDEPENDENT SUPPLIER: THE INDEPENDENT SUPPLIER is bound to the USER, without reservation of the other obligations established by law or these T & Co, especially to the following:
SINGLE REGISTRATION OF THE VESSEL IN AQUAPP: In no case can the same vessel be registered twice in AQUAPP. In the event that another Independent Supplier of a vessel already registered in AQUAPP requests subsequent registration, this will be denied due to the existence of a previous registration in THE PLATFORM. However, if this new applicant (Independent Supplier) proves to be the Registered Owner of vessel and / or act on behalf of the latter, AQUAPP will proceed to eliminate the first registration and grant the new registration for administration to the latter applicant. When AQUAPP receives documentation that proves that the new applicant acts as an Owner of vessel and / or on behalf of the latter, such situation will be notified to the first Administrator and / or owner of the vessel so that within a term not exceeding three (3) business days express and prove the assumptions of the event that would lead to a denial of the second record. In case of remaining silent or stating that they are in compliance with the new registration, AQUAPP will proceed within a maximum period of five (5) business days to process the new registration of the vessel. In case of having reservations in this last term, and in order to fulfill the supply of the service to the USER, these will be respected to the INDEPENDENT SUPPLIER who had registered in his profile the said vessel, but new reservations will not be allowed until it is resolved who will publish definitively the ship.
PAYMENT OF THE AQUAPP SERVICES: The payment in favor of AQUAPP will correspond to a Twenty (20) percent (%) net of the income obtained by THE INDEPENDENT SUPPLIER on the occasion of the supply of nautical services in favor of the USERS, When apply taxes must be added required by the country where the supply of the service is carried out.
CALCULATION OF THE AQUAPP COMMISSION RATE AND PAYMENT TO THE INDEPENDENT SUPPLIER:
Payment for supplying the Service will be made by the USER through the different forms of payment established in THE PLATFORM For this reason, such monies will enter the AQUAPP’s bank account, who will proceed to deduct the payment for their Services plus taxes when applicable, in accordance with the provisions of this clause, proceeding to transfer the remaining value to THE INDEPENDENT SUPPLIER as established herein.
RATE The rate will be set by THE INDEPENDENT SUPPLIER, and will be charged by AQUAPP to the User who must pay their entirety prior to the service for some of the alternatives available for that purpose. In case local legislation so requires, the collection or exemption of any tax will be charged to the USER and this must be taken into account by the INDEPENDENT SUPPLIER when calculating the published value corresponding to the supply of the service.
AQUAPP COMMISSION- Of the total value paid by the user, AQUAPP will keep the twenty (20) percent (%) net for its services.
PAYMENT TO THE SUPPLIER- on the basis of the eighty (80)% corresponding to the INDEPENDENT SUPPLIER and through an international transfer to the account registered by the INDEPENDENT SUPPLIER, the payment will be made in one (1) item as follows: once THE USER has received To the full satisfaction of the service, AQUAPP will transfer the money within five (5) business days following the suppy of the service.
AQUAPP will respond to the INDEPENDENT SUPPLIER for all the SERVICES fulfilled and received to the satisfaction of THE USER, finally materialized exclusively through the digital platform; in case of cancellations, breaches, rescheduling, and other agreements between INDEPENDENT SUPPLIER and USER specified outside the digital platform, it will imply for the INDEPENDENT SUPPLIER to lose their right to demand payment, since the situation described above implies disloyalty and breach, and if said situation is repetitive, it entitles AQUAPP to eliminate its account and not allow the offer of the Services offered by it; In the same way, it will be understood breach of the collections made by the INDEPENDENT SUPPLIER, whether or not contemplated in the platform, as it indicates lack of ethics and customer deviation.
THE DIGITAL PLATFORM through which AQUAPP will develop the object of these T & Co is compatible with the Android and IOS platforms, and allows generating the activity of publicity and promotion of the nautical services and experiences recorded there. THE INDEPENDENT SUPPLIER undertakes to update the application in a timely manner when appropriate.
THE INDEPENDENT SUPPLIER shall have the right during the term of these T & Co to have their products, services and experiences publicized by means of this application and its different channels where the website, application, social networks, among others, will be included the digital photos and videos of the service offered, together with the relevant information thereof, particularly that contained in numeral 1 of the third clause of these T & Co.
In order to guarantee the availability of the vessel, THE INDEPENDENT SUPPLIER is obliged to inform AQUAPP at least seven (7) calendar days in advance of any developments regarding the vessel that prevents the supply of services with respect to the supply of the product, service or nautical experience offered by THE INDEPENDENT SUPPLIER. An example of this is the personal use made by the INDEPENDENT SUPPLIER of the vessel. THE INDEPENDENT SUPPLIER undertakes to permanently update the status and availability of the vessel on the digital platform. In the event of no such update and notification, and a user hires such service that is not canceled by the INDEPENDENT SUPPLIER, the INDEPENDENT SUPPLIER must comply with the services offered under penalty of breach of these T & Co, resulting in AQUAPP to the triplicate recognition of the commission to which he would have been entitled by way of said service. In the event that the INDEPENDENT SUPPLIER fails to comply with this obligation for the third time, it will result in the application of the penal clause provided for in Clause Thirteen of these T & Co.
CANCELLATION, REPROGRAMMING, REIMBURSEMENT: Aquapp has a cancellation, reprogramming and reimbursement policy - this policy is published on the company's website and can be modified, without prior notice and / or notification, on the company's website. And the T & CO of INDEPENDENT SUPPLIERS and USERS is part of it. The acceptance of these terms and conditions includes these policies that have been considered by AQUAPP of strict surveillance to the extent that it protects your commercial reputation.
VALIDITY: These T & Co will be valid for one (1) year, counted from the acceptance of these terms and conditions that govern this contractual relationship. This T & Co will have automatic extension, unless there is communication signed by any party addressed to the other in which it expresses its intention not to give it for a period of at least one (1) months before the expiration of the initial term or of the respective extension.
TERMINATION: The present T & Co will end:
NATURE OF THE T & Co: THE PARTIES record that the relationship that links them is of a strictly commercial nature, and that, therefore, it is clearly understood that there will be no employment relationship between AQUAPP and THE INDEPENDENT SUPPLIER with respect to the crew or personnel each use to carry out the present T & Co. Considering the foregoing, it will be the sole responsibility of each of THE PARTIES to pay salaries and benefits to the personnel used to fulfill the purpose of these T & Co.
CHOICE OF THE CREW: The election of the crew, that is, the captain and other necessary personnel for the navigability of the vessel, will be in charge of exclusive way on the part of THE INDEPENDENT SUPPLIER, being this the only responsible to verify the experience, suitability and expertise of the same, demanding the requirements and supports that it considers convenient to accredit said suitability. The contractual relationship with the crew will be direct and exclusive with THE INDEPENDENT SUPPLIER, making it clear that there will be no type of employment or contractual relationship between the crew and AQUAPP, and in any case, the indemnity to which these T & Co refer must be respected. The crew must know the sanctioning regime for minor vessels that apply in the country where the service is supplied and respond to the call to collaboration of the maritime authorities legally constituted.
SUPERVISION AND CONTROL: THE PARTIES, by common agreement, designate the following positions as responsible for the supervision and control of the present T & Co, its implementation and compliance. For this purpose, any communication related to the present T & Co must be sent to the following addresses:
FUNCTIONS The persons in charge of supervising the development of these T & Co will have, among others, the following functions:
CONFIDENTIALITY: THE PARTIES undertake not to disclose to third parties and to keep under strict reserve, during the term of these T & Co and after its termination, that information whose disclosure could affect the interests of any of them (such as industrial secrets, studies and marketing plans, accounting information, list of clients, etc.) that by implementation of these T & Co will come to know the one or the other. When it is absolutely essential for the development of the purpose of these T & Co that one of the parties access the reserved information of the other, such access will be restricted to strictly necessary personnel, who will be warned of the confidential nature of the information that will be received and the criminal and civil consequences of its improper disclosure.
INDEMNITY: If, due to labor, civil or commercial obligations, damages occur to AQUAPP, shall have the right to recourse against the INDEPENDENT SUPPLIER for the amounts paid plus the costs, expenses and damages that may arise due to such circumstance, without prejudice to third party impleader. AQUAPP will not be responsible for the commitments acquired by the INDEPENDENT SUPPLIER with the captain, the crew or third parties, which will be the sole responsibility of the latter. EXPRESSLY THE PARTIES declare that THE INDEPENDENT SUPPLIER will indemnify and keep free from any damage to AQUAPP, for any fine, loss, damage, merchant marine violation, contraventions, lawsuit, crimes, prejudice, lost profit, emerging damage that were proven and suffered. AQUAPP, for or on the occasion of the breach by THE INDEPENDENT SUPPLIER of the obligations that apply to him in matters of prevention of the risk of money laundering and financing of terrorism, as well as for any judicial, extrajudicial and / or administrative claim for civil liability contractual or extra-contractual that users of the vessel owned and / or exploited by THE INDEPENDENT SUPPLIER against AQUAPP initiate.
PARAGRAPH STATEMENTS OF THE INDEPENDENT SUPPLIER, who has not been, is or is afraid of being included in any of the lists administered by the Assets Control Office of the Treasury Department of the United States of America; it does not register records in the National Office of Narcotics of Colombia; neither in Colombia nor abroad has investigations in progress, nor has been syndicated, or convicted for money laundering or crimes related to cultivation, possession, trade, transportation, favoring, concealment of substances forbidden by Colombian law or considered narcotics. That knows the maritime legislation, the rules that criminalize the trafficking, carrying and distribution of psychoactive substances, the hiring of minors, carrying and / or illegal transportation of arms, trafficking in persons, illegal goods, etc.
PENAL CLAUSE: In the event of breach by THE INDEPENDENT SUPPLIER of any of the obligations contained in these T & Co, will entitle AQUAPP to collect as a penalty the sum equivalent to ONE HUNDRED (100) MINIMUM LEGAL MONTHLY PAYMENTS IN FORCE, without prejudice to be able to demand the fulfillment of the main obligation, together with the other contractual sanctions and damages that may have occurred.
DECLARATION OF ORIGIN OF GOODS AND INCOME: THE INDEPENDENT SUPPLIER declares, under the seriousness of the oath, that all its income and other assets are legal activities derived from its duly registered and legal business, as a result, they do not come from illicit activities included in the Colombian Criminal Code or any rule that modifies or adds it, that your income and other assets are not destined to finance terrorist activities, that your assets do not have a negative record in national money laundering and terrorism financing lists national or international, and that there is no ongoing procedures for seizing assets over such income and other assets, consequently THE INDEPENDENT SUPPLIER undertakes to compensate for all the proven damages that may be caused by the breach of this declaration.
THE INDEPENDENT SUPPLIER declares that the assets under consideration to the present T & Co, are not subject to any of the circumstances established in article 16, law 1708 of 2014 on the procedures for seizing assets.
In the event that any asset under consideration of the present T & Co is subject to a measure of procedures for seizing assets and over which the National Directorate of Narcotic Drugs or the entity that takes its place does not have control or has not been appointed a direct depositary, AQUAPP, may terminate the contractual relationship, without this fact being entitled to compensate any type of damage to THE INDEPENDENT SUPPLIER.
THE INDEPENDENT SUPPLIER authorizes AQUAPP to verify in the international binding list for Colombia, in accordance with international law (list of the United Nations), the list issued by the Office of Foreign Assets of the Treasury Department of the United States of America and those other lists or public or private databases where persons allegedly linked to any illegal activity are related to THE INDEPENDENT SUPPLIER.
By accepting the present T & Co, THE INDEPENDENT SUPPLIER consents to the inclusion of their personal data in the AQUAPP Database, with the commercial, administrative and financial purposes, in accordance with the provisions of the Internal Manual of Policies and Procedures for the Processing of Personal Data of AQUAPP and the current legal provisions that regulate the subject. This manual is published on the AQUAPP website.
Limitation of liability- Aquapp will not be liable for indirect, incidental, special, significant, punitive or consequential damages, including lost profits, consequential damages, personal injuries, or of relative damages or in relation to the supply of the services that it promotes or facilitates Aquapp through THE PLATFORM.
AQUAPP shall not be liable for any damage, liability or loss arising from its use or dependence on the services or its inability to access or use them or any transaction or relationship between the User and the independent supplier or any third party supplier. In no case shall Aquapp's total liability to the User, on the occasion of the supply of services that could generate damages, losses or any kind of patrimonial liability, exceed one thousend five hundred United States Dollar (USD 1,500).
INTEGRITY: The present T & Co will be governed by national and international laws. For all legal purposes the contractual address will be GEORGIA. The Annexes that are an integral part of these T & Co, and the other documents that regulate and complement the conditions of this agreement.
Arbitration Clause- In the event of any controversy or difference related to this contract, other than those that, due to their nature, must be investigated and decided by a maritime authority, THE PARTIES shall seek a direct settlement of the conflict within fifteen (15) business days. following the notification of one party to the other about the existence of such disagreement. In the event that THE PARTIES fail to reach a direct settlement for any reason, THE PARTIES agree that they will go to the Arbitration Court which will meet at the Arbitration and Conciliation Center of Georgia, in accordance with the following rules: