Moorings4U Limited (Moorings4U) is an online platform designed by Kiwis for boaties enjoying NZ waters. We offer mooring owners the opportunity to list their mooring on our site to connect with boaties seeking short term rental of mooring positions. Hosts and Guests using this service do so at their own risk. Moorings4U provides this connection service to the boating community for a small service fee and (to the maximum extent permitted by law) takes no responsibility nor accepts any liability for any loss or damage that may result from using this service or the use of the Objects.

These terms and conditions (Terms) provided by Moorings4U, as amended by Moorings4U from time to time, will form the agreement between Moorings4U and you, the Boatie, in relation to use of the Platform for the Listing and Booking of Object. Moorings4U recommends that you seek legal advice about these Terms before accepting them and Booking or Listing any Object. By registering as a Boatie on the Platform, you agree to comply with and be bound by these Terms. Any trade arrangement, agreement or course of dealing between inconsistent with these Terms will have no effect unless agreed to in writing by Moorings4U.

If you have any questions about these Terms, please contact Moorings4U.

DEFINITIONS

In these Terms, the following terms have the following meanings:

Application means the mobile, table or other smart device application used to access the Platform.

Communication includes any email, message via the Website or Application, or any email or message through any other forum.

Content means text, graphics, images, music, software, audio, video, information or other materials with defining or telling character.

Boatie means a Host or a Guest.

Booking means the reservation of Object in accordance with a Listing and these Terms.

Object means marine object used to secure the position of vessels, including but not limited to marina berths, moorings, buoys, poles, pontoons, jetties and wharfs. Object Issue has the meaning given to it in clause 15.1 . Force Majeure Event means any event or circumstance (whether arising from natural causes, human agency or otherwise) that is beyond the reasonable control of Moorings4U including (without limitation) strikes, lockouts or other labour disputes, riot, civil commotion, fire, flood, drought, loss or delay at sea, breakdown or war (whether declared or not).

GST means goods and services tax.

Guest means a person who has registered on the Platform and wishes to book Object(s) in accordance with these Terms.

Host means a person who has registered on the Platform and wishes to list an Object in accordance with these Terms.

Listing means a listing by a Host on the Platform of an Object available for booking by a Guest in accordance with these Terms, and includes any relevant terms or notes provided by the Host on the Listing.

Payment Module means the third-party payment system connected to the Platform that processes payments of the Rental Fee and Service Fee.

Platform means the Website, Application and Service provided by Moorings4U in accordance with these Terms.

Price means the total cost of renting Object as shown on a Listing and includes GST, the Rental Fee and Service Fee.

Rental Fee means the amount payable to the Host by the Guest for the use of Object in accordance with their Listing and these Terms.

Service has the meaning given to it in clause 2.1 .

Service Fee means the amount owed to Moorings4U by the Guest for the use of the Service and Platform, as advised by Moorings4U via the Platform from time to time.

Vessel means the boat, yacht, launch, or other marine vessel that a Guest wishes to moor, park, or otherwise attach to any Object.

Website means the Moorings4U website used to access the Platform, as accessed via any web browser on any electronic device, including any subdomains thereof.

SERVICE

2.1 Moorings4U shall use reasonable commercial endeavours to provide Boaties access to the Platform in accordance with these Terms (Service).

2.2 Moorings4U does not guarantee the continuous and uninterrupted availability and accessibility of the Platform. Moorings4U reserves the right to restrict the availability of the whole or parts of the Platform to any or all Boaties at any time for security, maintenance or any other reason.

2.3 The Service and the Platform facilitates transactions between Boaties for the rental of Object in accordance with these Terms. To the maximum extent permitted by law, Moorings4U is not a party to any transaction between a Host and Guest in respect of such rent and a Booking constitutes a direct transaction between a Host and a Guest.

REGISTRATION

3.1 In order to use the Platform, a Boatie must register an account on the Platform by creating a username and password, and providing requested personal details (including but not limited to: full name, address and contact number).

3.2 In order to make a Listing on the Platform a Host must be registered in accordance with clause 3.1 and must register the Object that will form the subject of the Listing on the Platform by competing the Object registration form provided and giving all requested information (including but not limited to: classification (type of Object e.g. mooring, poles, jetty, pontoon, marina), GPS coordinates, common name location (bay), max tonnage allowed, max mooring swing, max boat length, minimum draft, max width allowed and owner details). A Host shall also provide any other information that is relevant to the Object or may be useful to a Guest such as: predominant wind, typical tidal flow, availability of fresh water, electricity, sewer/black water dumping and other services or facilities such as boat ramps, boat lifts, hardstands, and shops.

3.3 In order to make a Booking on the Platform a Guest must be registered in accordance with clause 3.1 and must register their Vessel by completing the vessel registration form provided and giving all requested information (including but not limited to: vessel name, make, model, length, width, draft (including leg/prop), weight, home port and VHF callsign).

3.4 A Boatie's registration to the Platform may be revoked or terminated at any time at the sole discretion of Moorings4U for any reason including but not limited to: discriminating behaviour, charging extra fees to Guests, non-payment by Guests, damage to property, any other breach of these Terms or criminal activity.

SERVICE

4.1 The Host will set the Price for the rental of the Object via the Platform. This shall have the Service Fee and GST included.

4.2 The default status for a Listing on any given date is "available" and the Host shall select the dates that the Listing will show the Object as unavailable and when Bookings are unable to be made.

4.3 A Listing on the Platform will display some or all of the information provided to Moorings4U by the Host under the registration process set out in clause, other than contact details for the Host, which shall only be provided to the Guest once a Booking has been made.

BOOKINGS

5.1 Guests may make Bookings of Object from Listings on any date the Object is "available" as provided in the Listing.

5.2 All steps of the Booking process as provided on the Platform must be completed for a Booking to be made and confirmed, including payment of the Price in accordance with clause 8 and 9 .

5.3 When a Booking is made the Listing shall show that the Object is "unavailable" on the day(s) that the Booking has been made.

5.4 When a Booking is completed Moorings4U will send a confirmation email to both the Host and the Guest notifying them of the details of the Booking, including the details of the Vessel, and shall provide the contact information of each party to the other so that they may Communicate.

5.5 The period of each Booking is noon on the first booked day (Date of Arrival) until noon on the day after the last booked day (Date of Departure) i.e. if a Booking is made for one day then the Guest may attach their Vessel to the Object from noon that day overnight until noon the following day.

5.6 A guest must vacate the Object by noon on the Date of Departure. If a Guest fails to vacate the Object on time then the Host is entitled to take action in accordance with applicable law and the costs shall be borne by the Guest.

CANCELLATION

6.1 Cancellation of a confirmed Booking by a Boatie may be made only in accordance with these Terms.

6.2 Cancellation by a Guest must be made through the Platform.

6.3 A Guest may cancel a Booking more than 48 hours prior to the Date of Arrival and receive a full refund of the Price less the Service Fee.

6.4 A Guest who cancels a Booking within 48 hours of the Date of Arrival, or does not cancel such a Booking but does not use the Object, will not be entitled to a refund.

6.5 A Host may cancel a Booking for reason of damage, malfunction, or other similar circumstance in relation to the Object that is outside of the Host's control and must notify the Guest as soon as reasonably possible and the Guest will be provided a full refund of the Price.

6.6 Cancellation by a Host for any reason other than in accordance with clause 6.5 must be with the consent of the Guest.

COMMUNICATION

7.1 Moorings4U and the Boaties must act in accordance with Moorings4U's Privacy Policy when disclosing information, sharing content and otherwise communicating via the Platform.

7.2 Moorings4U reserves the right to remove or disable access to the Platform at its sole discretion.

7.3 Any discriminating behaviour through the Application, Website, or otherwise via the Platform will not be tolerated and Moorings4U reserves its right to revoke registration in accordance with clause 3.4 .

FEES

8.1 The Rental Fee is to be determined by the Host and may include the cost of extra services such as those set out in clause 3.2.

8.2 The Service Fee, as advised by Moordings4U from time to time via the Platform, is payable by the Guest alongside the Rental Fee.

8.3 A Host may not charge a Guest any fee that is not specified on the original Listing.

PAYMENT

9.1 Guests must pay the Price in respect of a Booking prior to that Booking being confirmed. Payment by a Guest is to be made via the Payment Module provided on the Platform as part of the Booking process and will be processed by a PCI-DSS certified provider.

9.2 Payment by Moorings4U to a Host of the Listing Fee (after the Service Fee deduction) will be made between seven (7) and 10 days after the Date of Departure.

9.3 By agreeing to these terms the Boatie agrees to Mooring4U's usage of the Payment Module providers payment system, and the use of information in accordance with Mooring4U's Privacy Policy.

BOATIE RESPONSIBILITY

10.1 All Boaties are responsible for providing accurate and current contact information when registering an account on the Platform, and for keeping information up-to-date at all times.

10.2 Boaties are responsible for their own acts and omissions when using the Platform and the Objects, understanding their obligations under these Terms and acting in accordance with these Terms when using the Platform.

GUEST RESPONSIBILITY

11.1 The Guest is solely responsible for giving correct measurements, sizes and other details of their Vessel including but not limited to Width, Length, Weight and Draft (including leg/props).

11.2 The Guest is responsible for conducting their own due diligence before making a Booking and before attaching any Vessel to any Object.

11.3 The Guest remains ultimately responsible for their Vessel and any damage caused by the Vessel during a Booking.

11.4 The Guest is responsible for leaving the Object and surrounding area in the same condition as it was on the Date of Arrival.

11.5 The Guest must report any damage to Object to the Host in accordance with clause 14.4 .

HOST RESPONSIBILITY

12.1 The Host warrants that they have the right or authority to place the Listing of the relevant Object on the Platform.

12.2 The Host is solely responsible for their Listings on the Platform and for giving correct measurements, sizes and other details of the Listing (including regarding width, length, swing of mooring, maximum length of vessel, maximum weight and minimum draft). Moorings4U encourages the Host to supply a current survey to confirm these.

12.3 The Host is responsible for ensuring the Object is accessible and fit for use.

12.4 The Host guarantees the availability of the Object on the days the Listing shows the Object to be "available".

12.5 The Host remains ultimately responsible for the Object and any damage caused by the Object during a Booking.

INFORMATION

13.1 While Moorings4U collects personal information as part of initial Boatie registration, Moorings4U does not verify this information and is not responsible for any error in any information provided by a Boatie for the purposes of registration.

13.2 Moorings4U is not responsible for any error in the information provided by a Boatie in relation to a Vessel including but not limited to measurements, sizes and other details such as width, length, weight and draft (including leg/props).

13.3 Moorings4U is not responsible for any error in the information provided on a Listing or via Communication in relation to Object including but not limited to measurements and/or sizes regarding width, length, swing of mooring, maximum length of vessel, maximum weight and minimum depth.

13.4 Moorings4U will not be liable for any loss or damage that occurs as a result of a Booking where the Object is not appropriate for the Vessel.

13.5 Moorings4U will not monitor Communication between Boaties.

13.6 Moorings4U will report any income made by an Owner through the Platform if demanded by the domestic tax-authority.

13.7 Moorings4U is not responsible for resolving any disputes that occur between Hosts and Guests except to the extent set out in clause 15.4 .

DAMAGE

14.1 A Guest uses an Object at their own risk.

14.2 To the maximum extent permitted by law, Moorings4U not be liable for any damage caused as a result of, or incidental to, use of any Object booked via the Platform to any Object or Vessel or any other thing.

14.3 Moorings4U encourages Guests to exercise caution and carry out their own due diligence when Booking and using Object listed on the Platform to ensure it is appropriate for their Vessel. Guests must not rely entirely upon information provided by the Host on the Listing and must exercise their own judgement when attaching any Vessel to any Object. Guests and Hosts must communicate regarding safe usage of Object.

14.4 Damage to any Object must be reported to the Host by the Guest, including but not limited to breakage of items and dragging from stated position. Guest agrees to hold Host harmless for any damage to the Object caused by the Guest.

14.5 In the event of damage caused by any party Moorings4U may terminate or revoke a Boatie's registration to the Platform in accordance with clause 3.4

14.6 Boaties must follow safe boating practices and hold appropriate insurance coverage relevant to the Vessel/Object.

OBJECT ISSUES

15.1 An Object Issue refers to any of the following circumstances:

• (a) The Host does not own/control the listed Object;

• (b) The Object is not available due to usage by another vessel or person, or due to malfunction; and/or

• (c) The Object does not meet the measurements/sizing specified on the Listing, or is clearly not otherwise appropriate to host a Vessel such as described on the Platform, or the Listing is materially inaccurate with respect to:

  • (i) Location and/or proximity to other vessels/rocks;

  • (ii) Markings are inaccurate or unavailable;

  • (iii) The given physical location (co-ordinates) of the Object is not correct or the Object does not exist;

  • (iv) Representation in the Listing description is incorrect (e.g., the Swing or Mooring, Max Vessel Length/Swing, Maximum Tonnage, size of the Objects depth, width, length); and/or

  • (v) Special amenities or features represented in the Listing description are not provided or do not function (e.g., electricity, water supply).

15.2 In the event of an Object Issue a Guest must notify Moorings4U and provide evidence of the issue, such as photographs, by mailing to info@moorings4u.com.

15.3 A Guest will be entitled to a full or partial refund if the Object Issue is determined to be valid and, if appropriate, the Booking may be cancelled. The value of any refund shall not exceed the amount paid for the Booking.

15.4 A Guest's entitlement to a refund in the event of an Object Issue will be at the sole discretion of Moorings4U. Any decision by Moorings4U in relation to an Object Issue will be final and will not be reviewable unless otherwise stated by Moorings4U. In the event of such refund, the Host shall have no entitlement to any Rental Fee.

15.5 In order to be eligible for a full refund in the event of an Object Issue a Guest must not have directly or indirectly caused the Object Issue.

INTELLECTUAL PROPERTY

16.1 Moorings4U is the sole owner of all intellectual property displayed on, or connected with, the Platform, Application, Website and any other publication by Moorings4U including communications, advertisements and other marketing materials.

16.2 Any Content provided by Moorings4U (including but not limited to the name, logo and any pictures) is not to be used by a Boatie or any other person for any purpose other than their use of the Platform.

MODIFICATION OF TERMS

17.1 Moorings4U reserves the right to modify these terms in its sole discretion, from time to time.

17.2 Any changes to these terms will be binding upon them being published via the Platform.

17.3 For the avoidance of doubt, the most recent version of these terms will govern Listings and Bookings at the time they are made, irrespective of when a Boatie completed their registration.

INDEMNITY

18.1 The Boatie irrevocably indemnifies Moorings4U and will hold Moorings4U harmless from and against all loss, costs, damages, expenses that (including all legal costs and expenses incurred on a solicitor/own client basis) Moorings4U incurs and all claims, demands and other proceedings brought by any person, arising from the Boatie's failure to comply with these Terms or with any legislation, regulation or bylaw, or from any act, omission or negligence committed by the Boatie or by any of the Boatie's employees, agents, contractors or customers.

FORCE MAJEURE

19.1 Notwithstanding any other provision of these Terms, non-performance by Moorings4U of any of its obligations under these Terms will be excused, without liability for non-performance, during the time and to the extent that such performance is prevented, wholly or substantially, by a Force Majeure Event. Subject to this clause, performance of any obligation affected by a Force Majeure Event will be resumed as soon as reasonably possible after the termination or abatement of the Force Majeure Event.

ASSIGNMENT

20.1 The Boatie may not assign or otherwise transfer all or any of its rights and obligations under these Terms without the prior written approval of Moorings4U.

WAIVER

21.1 Waiver of any of these Terms or failure to exercise a right or remedy by Moorings4U will not imply or constitute a further waiver by Moorings4U of the same or any other term, condition, right or remedy.

PRIVACY

22.1 The Boatie authorises Moorings4U to collect and disclose information about the Boatie in connection with the Boatie's use of the Platform in accordance with Moorings4U's Privacy Policy.

LEGISLATION

23.1 These terms are to be interpreted in accordance with the law of New Zealand.

SURVIVAL

24.1 All clauses of these Terms shall survive termination of the relationship between the Boatie and Moorings4U, irrespective of whether such termination was voluntary by the Boatie or due to revocation of registration in accordance with clause 3.4 .

ENTIRE AGREEMENT

25.1 To the maximum extent permitted by law, these Terms contains all of the terms and conditions of the contract between Moorings4U and the Boatie and will replace any and all earlier agreements made in writing or orally between Moorings4U and the Boatie regarding the Service.

25.2 Moorings4U and the Boatie agree that to the maximum extent permitted by law sections 9, 12A and 13 of the Fair Trading Act 1986 are expressly excluded.