These terms tell you the rules for using our website www.onthewater.co.uk(“our site”). These terms do not apply to providers who wish to list their activities and services on our site. For a copy of the terms relevant to providers please go to: https://onthewater.co.uk/terms-of-use/.
  1. About On the Water and About us
    1. On the Water is a site designed to connect end users with on water experiences through a single and easily accessible online portal.
    2. On the Water is a trading name of British Marine Federation (company number 02592536) (“we” “us” “our”). If you need to contact us, please use contact details here.
  1. By using our site you accept these terms
    1. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site.
    2. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
    3. Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.
    4. These terms of use are subject to our Privacy Policy which also applies to your use of our site.
  1. How does our site work
    1. Our site is made available free of charge to end users.
    2. On the Water is a platform designed to connect end users with on water experiences through a single and easily accessible online portal. Our site is not a booking portal and we do not receive any of the money you pay to a Provider.
    3. Any company, organisation, trader or firm which provides water-based leisure activities in the UK (Providers) can, subject to their agreement and compliance with our terms of use for Providers, use our site to list their water-based activities. As an end user you can search our site for activities and services listed by Providers and connect with them.
    4. British Marine Federation is a membership organisation and some of the Providers on our site will be our members. Please note however that all Providers are otherwise independent of us. If you decide to purchase services from Providers or engage with them then you do so directly with them. We are not party to any such relationship.
    5. We do not make any kind of guarantee, representation, warranty or promise of any kind about the suitability of the activities listed by Providers on our site. A listing on our site does not constitute any endorsement or recommendation of such activities and you acknowledge and agree that if you purchase services from Providers listed on our site then you will do independently of us and at your own risk.
    6. Where our site contains links to other sites and resources including sites of our Providers, such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
  1. We may suspend or withdraw our site
    1. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. 
    2. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
  1. You must keep your account details safe
    1. You can create an account on our site to store preferences such as your list of preferred Providers. 
    2. If you choose to create an account and you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
    3. We have the right to disable any account or any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
    4. If you know or suspect that anyone other than you has accessed your account, knows your user identification code or password, you must promptly notify us at support@onthewater.co.uk 
  1. Materials on our site
    1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    2. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged
    3. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors
  1. Your responsibilities 
    1. You must use our site only for lawful purposes. You must not use our site:
      1. in any way that breaches any applicable local, national or international law or regulation;
      2. in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
      3. for the purpose of harming or attempting to harm any person in any way;
      4. to bully, insult, intimidate or humiliate any person;
      5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
      6. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    2. You also agree:
      1. not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the these terms;
      2. not to access without authority, interfere with, damage or disrupt:
        1. any part of our site;
        2. any equipment or network on which our site is stored;
        3. any software used in the provision of our site; or
        4. any equipment or network or software owned or used by any third party.
  1. Reviews and Content Standards
    1. Our site allows you to interact with Providers and to leave reviews of Providers and the activities which they list on our site (Reviews). 
    2. These content standards apply to any Reviews that you create on our site and all other material which you upload contribute to our site (“User Content”). 
    3. These standards must be complied with and shall apply to each part of any User Content as well as to its whole.
    4. We will determine, in our sole discretion, whether User Content breaches these standards.
    5. The views expressed by other end users and Providers on our site do not represent our views or values.
    6. All User Content, including Reviews must:
      1. be accurate (where it states facts);
      2. be genuinely held and fairly given (where it states opinions); and
      3. comply with the law applicable in England and Wales and in any country from which it is posted.
    7. User Content must not:
      1. infringe someone else’s rights, including their intellectual property rights; 
      2. be defamatory of any person;
      3. be obscene, offensive, hateful or inflammatory;
      4. bully, insult, intimidate or humiliate;
      5. promote sexually explicit material;
      6. be dangerous, illegal or abusive;
      7. include child sexual abuse material;
      8. promote violence;
      9. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      10. infringe any copyright, database right or trade mark of any other person;
      11. be likely to deceive any person;
      12. breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
      13. promote any illegal content or activity;
      14. be in contempt of court;
      15. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
      16. be likely to harass, upset, embarrass, alarm or annoy any other person;
      17. impersonate any person or misrepresent your identity or affiliation with any person;
      18. advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
      19. contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
      20. violate our sites ethical views or values; or
      21. do or represent anything else which we, in our sole discretion, deem to be unsuitable for our site.
    8. You agree that any User Content shall conform with and be subject to this paragraph 8.
  1. Uploading content to our site
    1. Whenever you upload User Content to our site, or to make contact with other users or Providers on our site, you must comply with the content standards set out in paragraph 8. We reserve the right to remove any User Content if, in our opinion, it does not comply with those content standards.
    2. You warrant that User Content does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
    3. Any User Content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. 
    4. When you upload or post User Content to our site, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that User Content in connection with the service provided by our site and across different media including to promote the site or the service to expire when you delete the User Content from the site.
  1. Complaints
    1. If you wish to complain about User Content uploaded by other users, please contact us here.
    2. If you wish to complain about Providers, please contact us here. However you acknowledge that we are not responsible for Providers and that they are independent of us. If therefore you have any complaints about services or activities purchased from a Provider these should be directed to the relevant Provider.  
  1. Our responsibility for loss or damage suffered by you
    1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
    2. Please note that we only provide our site to end users for their domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity
    3. We will not be liable to you for any loss or damage, even if foreseeable, arising under or in connection with:
      1. use of, or inability to use, our site;
      2. use of or reliance on any content displayed on our site;
      3. activities and services you have purchased from Providers;
      4. your interaction with all other third parties on our site including, but not limited to, Providers and other end-users; or
      5. all third party services linked to our site that we do not own or control.
    4. We shall not be in breach of these terms nor liable for delay in performing, or failure to perform, any of our obligations under these terms if such delay or failure result from events, circumstances or causes beyond our reasonable control.
  1. We are not responsible for viruses and you must not introduce them
    1. We do not guarantee that our site will be secure or free from bugs or viruses.
    2. You are responsible for configuring your information technology, computer programmes and platform to access our site. You must use your own virus protection software.
    3. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
  1. General
    1. We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms. 
    2. If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these terms.
    3. These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.