These terms set out the rights and obligations of providers who wish to list and promote their activities on our website www.onthewater.co.uk(“our site”). These terms do not apply to end-users who wish to search for activities via our site and be connected with providers. For a copy of the terms relevant to end-users please go to: https://onthewater.co.uk/disclaimer/.
  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 creating a provider account on 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 or create a provider account.
    2. We reserve the right to amend these terms at any time. We will let you know if we make any changes to these terms, at which point you can decide whether you want to continue using our site. You are responsible for reviewing and becoming familiar with any changes. Your use of our site following the changes constitutes your acceptance of the updated terms.
    3. These terms of are subject to our Privacy Policy and which also apply to your use of our site.
  1. Your provider account
    1. Our site is open to any company, organisation, trader or firm which provides water-based leisure activities in the UK, subject to the provisions of these terms. We encourage Providers to be members of relevant trade associations or national bodies such as British Marine, the Royal Yachting Association or British Canoeing however we also accept providers who are not members of, or affiliated to, any such bodies.
    2. You will use your provider account to list, promote and advertise your services to, and be connected with, end-users. In respect of your provider account, you agree you shall:
      1. remain solely responsible for all activity on your provider account, including protecting your account password;
      2. remain solely responsible for all content uploaded on your provider account. You represent that you have all necessary rights to upload such content;
      3. ensure that all content uploaded and added to your account, such as any text, photos or videos used to represent yourself and your services, is correct and accurate and abides by these terms or any other terms or conditions that we may consider necessary for the proper use of our site;
      4. not create duplicate accounts for the purposes of manipulating our site or end-users on our site; 
      5. not coordinate your pricing with other providers or other account holders;
      6. not use your provider account to interfere with, harass or abuse other provider accounts;
      7. directly resolve any disagreements or disputes with end-users in a prompt, legal and fair manner. 
  2. If we have any reason to believe that your provider account violates these terms, we may suspend or terminate your provider account with immediate effect.
  1. Your responsibilities 
    1. In order to uphold the standards of our site and to protect end-users of our site, you agree that you shall:
      1. cooperate with us in all matters relating to your provider account and the services that you list on our site;
      2. provide us with such information as we may reasonably require in connection with you and the activities and services which you list on our site;
      3. ensure that you have in place appropriate safeguarding policies and procedures to protect children and other vulnerable people;
      4. ensure that (where relevant) the activities and services which you list on our site are delivered or overseen by appropriately qualified staff;
      5. ensure that you operate your business and deliver your services and activities safely and in compliance with all applicable laws, statutes, regulations, bye-laws, common law and legally binding judgments and decisions, including but not limited to environmental laws, anti-discriminatory laws and health and safety laws;
      6. refrain from any conduct which could harm our reputation discredit our site, or be harmful to the businesses of our other providers.
    2. 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. upload content or create listings which do not comply with our content standards in paragraph 5;
      4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
      5. 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.
    3. 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:
      3. any part of our site;
      4. any equipment or network on which our site is stored;
      5. any software used in the provision of our site; or
      6. any equipment or network or software owned or used by any third party.
  1. Content Standards
    1. These content standards apply to any listing that you create on our site, all material which you contribute to our site and any materials you use (including text and images) to promote your services on our site (“Provider Content”). 
    2. These standards must be complied with and shall apply to each part of any Provider Content as well as to its whole.
    3. We will determine, in our sole discretion, whether Provider Content breaches these standards.
    4. All Provider Content must:
      1. be accurate (where it states facts);
      2. be genuinely held (where it states opinions); and
      3. comply with the law applicable in England and Wales and in any country from which it is posted.
    5. Provider Content must not:
      1. contain any advertising or promote any services which are not related to water-based leisure activities;
      2. infringe someone else’s rights, including their intellectual property rights; 
      3. be defamatory of any person;
      4. be obscene, offensive, hateful or inflammatory;
      5. bully, insult, intimidate or humiliate;
      6. promote sexually explicit material;
      7. be dangerous, illegal or abusive;
      8. include child sexual abuse material;
      9. promote violence;
      10. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      11. infringe any copyright, database right or trade mark of any other person;
      12. be likely to deceive any person;
      13. breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
      14. promote any illegal content or activity;
      15. be in contempt of court;
      16. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
      17. be likely to harass, upset, embarrass, alarm or annoy any other person;
      18. impersonate any person or misrepresent your identity or affiliation with any person;
      19. 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;
      20. 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;
      21. violate our sites ethical views or values; or
      22. do or represent anything else which we, in our sole discretion, deem to be unsuitable for our site.
  2. You agree that any Provider Content shall conform with and be subject to this paragraph 5.
  1. Uploading content to our site
    1. Whenever you upload Provider Content to our site, or to make contact with other users of our site, you must comply with the content standards set out in condition 5. We reserve the right to remove any Provider Content if, in our opinion, it does not comply with those content standards.
    2. You warrant that Provider 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 Provider Content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Provider 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. We also have the right to disclose your identity to any third party who is claiming that any Provider Content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
    5. You are solely responsible for securing and backing up your Provider Content.
    6. When you upload or post Provider Content to our site, you grant us the following rights to use that Provider Content a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that 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 content from the site or when your provider account is deleted or terminated; and
  1. End-user reviews and content from other providers
    1. You acknowledge that our site enables end-users to leave reviews of you and the activities and services which you list on our site (“Customer Reviews”). Whilst we ask end-users to adhere to certain standards in respect of Customer Reviews you acknowledge that we are not liable for any statements, representations or any other content provided by end-users in Customer Reviews. 
    2. Furthermore you acknowledge that we are under no obligation to screen, edit or monitor any Customer Reviews posted to or distributed through our site. 
    3. Our site also includes content, information and materials uploaded by other providers which may include content not verified or approved by us. 
    4. The views expressed by end-users or other providers on our site do not represent our views or values.
    5. If you wish to complain about content uploaded by end-users or other providers, please contact us here.
  1. Content 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. All such rights are reserved.
    2. You may use materials from our site for purposes related to your provider account only. 
    3. You must not use any part of the content on our site generated by us, our other providers or end users for commercial purposes without obtaining a licence to do so from us or our licensors.
  1. Maintaining our site
    1. Our site is designed to promote water-based leisure activities across the UK and to promote the businesses of providers.
    3. We shall use reasonable endeavours to manage and maintain our site in accordance with these terms.
    4. 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. We will try to give you reasonable notice of any suspension or withdrawal.
    5. We may need to carry out maintenance to our site from time to time to make sure it is operating properly. This may involve temporarily suspending your access to our site. Where such maintenance is not an emergency we will let you know in advance by email and specify the time and date that such planned maintenance will be carried out.
  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. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
    3. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, 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 promoted, marketed and advertised through your provider account;
      4. your interaction with all other third parties on our site including, but not limited to, end-users and other providers; or
      5. all third party services linked to our site that we do not own or control.
    4. In particular, we will not be liable for:
      1. loss of profits, sales, business, or revenue;
      2. business interruption;
      3. loss of anticipated savings;
      4. loss of business opportunity, goodwill or reputation; or
      5. any indirect or consequential loss or damage.
    5. 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. Your indemnity to us
    1. You agree to indemnify and keep us indemnified, to the extent permitted by law, against all liabilities, costs, expenses, fines, penalties, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with your use (or misuse) of our site, your breach of these terms, or you or your Provider Content infringing someone else’s rights.
  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. Rules about linking to our site
    1. You may link to our home page or your marketplace, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
    2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    3. We reserve the right to withdraw linking permission without notice.
    4. The website in which you are linking must comply in all respects with the content standards set out in condition 5.
    5. If you wish to link to or make any use of content on our site other than that set out above, please contact us here.
  1. Termination
    1. You may terminate this contract and acceptance of its terms at any time by cancelling your provider account. 
    2. We may terminate your use of our site at any time if we believe that you, your provider account, your services or your use of our site is violating these terms or any other terms on our site.
    3. Upon termination you will have no contractual or legal right to continue to use all or any part of our site.
    4. We will notify you by email if we are terminating your account, unless we are legally prevented from doing so.
  1. Miscellaneous
    1. These terms do not create any agency, partnership, employment or franchisee relationship between you and us.
    2. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You shall not assign, transfer, mortgage, charge, subcontract, delegate or deal in any other manner with any of its rights and obligations in these terms.
    3. 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.
    4. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
    5. These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.