Terms of use

General presentation

The Check Boat platform (hereinafter the "Platform") is published by CHECK BOAT, a simplified joint-stock company with a share capital of €1,000, registered with the La Rochelle Trade and Companies Register under number 935 085 282 (SIRET 935 085 282 00017), whose registered office is located at 4 route du Moulin Neuf, 17220 Saint-Médard-d'Aunis, intra-community VAT number FR47 935 085 282, contact: contact form, publication director: Andy MARC. The Platform is accessible at www.check-boat.com.

Check Boat is a digital platform connecting boat owners with professionals in the nautical sector (in particular nautical concierge services, marine mechanics, skipper, delivery and navigation assistance). Check Boat acts as a technical intermediary and facilitating third party; it does not perform the services and is not a party to the contract concluded between the Owner and the Professional, under the conditions specified in the T&Cs.

Definitions

In these ToU, the terms used with an initial capital letter have the following meaning:

Platform: the website, the application, the interfaces, user areas, dashboards, messaging tools and features operated under the Check Boat brand.

Check Boat: the company publishing the Platform.

User: any natural or legal person holding an account on the Platform, whether acting as an Owner, a Professional or an employee attached to a Professional's account. The mere visitor who consults the Platform without an account is also required to comply with these ToU for their browsing.

Owner: the User who is looking for a Professional for a boat of which they are the owner, manager or legitimate user.

Professional: any independent professional, company or legally registered structure offering nautical services on the Platform.

Account: the personal area allowing the User to access the features of the Platform.

Mission: the nautical service agreed between an Owner and a Professional through the Platform.

Content: any information, text, photograph, document, message, review or element published, transmitted or stored by a User on the Platform.

1. Scope and acceptance of the ToU

The purpose of these ToU is to define the rules for accessing and using the Platform, in particular the conditions for the creation and management of Accounts, the features offered, the obligations of Users, the rules relating to Content, messaging, reviews and moderation, as well as the responsibilities of each party. The financial conditions (Missions, prices, service fees, payment, cancellation) are governed by the T&Cs.

Each User undertakes, before any use of the services, to read these ToU carefully and to adhere to them without reservation. Acceptance of the ToU is evidenced upon the creation of the Account or any active use of the Platform. Check Boat keeps the logs attesting to this acceptance.

2. Access to the platform

To access the Platform, the User must have the appropriate equipment: a computer, a tablet or a smartphone, an internet connection with sufficient bandwidth and, where applicable, the necessary browsing and messaging software.

Access to the Platform is free. The costs of accessing and using the telecommunications network remain the responsibility of the User, in accordance with the terms set by their access provider and operator.

3. Account creation and management

Registration conditions

The creation of an Account is reserved for persons aged at least eighteen (18) years, legally capable and not placed under a legal protection regime (guardianship, curatorship, judicial protection). The creation of an Account is necessary to use the features of the Platform.

To create their Account, the User fills in the registration form and provides the requested information, the mandatory fields being indicated by an asterisk. A confirmation email is sent to them. The User undertakes to provide accurate, truthful, complete and up-to-date information, and to update it in their Account.

An Account may give access to different roles, in particular Owner and Professional (nautical concierge, marine mechanic, skipper, or any other role offered by the Platform).

Registration and verification of Professionals

The registration of a Professional is subject to prior and manual validation by Check Boat. In this respect, the Professional transmits the required supporting documents, in particular the Kbis extract, the professional civil liability insurance certificate and, where applicable, their diplomas or qualifications.

Check Boat verifies these supporting documents before activating the profile. This verification does not constitute a general certification of the Professional's skills, nor a guarantee of result, nor a complete regulatory validation. The Professional keeps their supporting documents up to date and informs Check Boat in the event of any change.

Employees attached to a Professional

A Professional that is a legal person may attach its employees to its Account, who have their own profile and their own credentials.

The Professional remains the sole employer of its employees and solely responsible for compliance with its obligations regarding labour law, social security and safety. Check Boat is neither the employer nor the co-employer of the attached employees and exercises no managerial authority over them. The administrator of the Professional-company's Account does not have access to the personal data of its employees held by the Platform, in compliance with the applicable regulations.

Credentials and security

Access to the Account is carried out by means of a username and a password that the User chooses upon registration. The password must be complex, strictly personal and confidential, and must not be communicated to third parties.

The reuse of the same password for different services increases the risks of identity theft. In the event of loss or compromise, the User informs Check Boat without delay via the contact form so that access from this Account can be invalidated.

Authentication by username and password ensures the attributability of the actions carried out via the Platform. In the event of loss of these means of authentication, and as long as Check Boat has not been informed of it, the User remains presumed responsible for the actions carried out from their Account.

The Platform provides the possibility of setting up two-factor authentication, which is strongly recommended.

Deletion and refusal of registration

The User may at any time request the deletion of their Account in accordance with the terms described on the Platform, subject to obligations arising previously.

Check Boat may refuse a registration, without being required to give reasons for such refusal, in particular where the information transmitted is incomplete, inconsistent, manifestly false or fraudulent.

4. Platform services and features

Check Boat makes available to Users a set of features, in particular:

• A search and connection tool for Owners and Professionals;
• The presentation of Professionals' profiles and the management of data relating to boats;
• The creation and follow-up of mission requests and Missions, by means of dashboards;
• Supervised messaging enabling exchanges between the parties;
• Quote, secure payment, follow-up and Mission validation tools, under the conditions provided for by the T&Cs;
• Document transmission and generation tools;
• The publication of reviews as well as assistance, reporting and dispute management features.

Check Boat acts exclusively as an intermediary. It does not select, on the Owner's behalf, the Professional who intervenes, does not direct the performance of the Missions and does not guarantee the availability of Professionals, nor the effective conclusion of a Mission. The financial conditions and the conduct of the Missions are governed by the T&Cs.

5. Messaging and prohibition of circumvention

The Platform's messaging allows Users to exchange in the context of a mission request or a Mission. In order to protect Users and preserve the Platform's model, certain information (in particular personal contact details) may be hidden depending on the stage of the discussion.

Before the validation of the Mission and the pre-payment, Users refrain from directly communicating their personal or professional contact details (telephone number, email address, postal address, external link, direct means of payment or any other means) for the purpose of finalising a Mission outside the Platform.

Check Boat may implement automatic filters, alerts and controls in order to prevent circumvention attempts, fraud, illicit content and abusive behaviour.

Any circumvention of the Platform may result in the suspension or closure of the Account, the limitation of visibility, the invoicing of the avoided fees or any other measure proportionate to the seriousness of the breach.

6. Content and conduct of users

Each User is solely responsible for the Content they publish, transmit or store on the Platform, as well as for the proper functioning of their equipment and their internet access. Users undertake to comply with the legal and regulatory provisions in force and refrain in particular, without this list being exhaustive, from:

• Impersonating a third party or publishing false, erroneous or misleading information;
• Hindering access to the Platform or its proper functioning, in any way whatsoever;
• Publishing Content infringing intellectual property rights, image rights, privacy, business secrets or the rights of third parties;
• Publishing Content of a racist, xenophobic, antisemitic, homophobic, negationist, pornographic, child-pornographic nature, or undermining human dignity;
• Publishing Content inciting violence, suicide, terrorism, hatred, or the commission of crimes or offences, or glorifying them;
• Publishing insulting, defamatory, threatening Content or Content contrary to public order, the law or morality;
• Disseminating commercial or advertising information without the prior written authorisation of Check Boat;
• Introducing viruses, malware or dangerous links, or publishing links pointing to content contrary to these rules.

It is recalled that fraudulently accessing or remaining in an automated data processing system, hindering its operation or fraudulently introducing data into it constitutes a criminally punishable offence.

Licence on Content

Users retain their rights to the Content they publish. They nevertheless grant Check Boat a non-exclusive, free licence, for the necessary duration, for the sole purposes of hosting, displaying, transmitting and technically adapting this Content in the context of the operation, promotion, improvement of the Platform and in the context of Disputes.

7. Reviews, rating and reputation

The Platform may allow Users to publish reviews, ratings or comments at the end of a Mission. Reviews must be truthful, relevant, respectful and directly related to a real Mission. In particular, fraudulent, insulting, defamatory, misleading, off-topic reviews, those published under a false identity or those infringing the rights of a third party are prohibited.

Check Boat may moderate, hide, delete or refuse a review contrary to these ToU or to the law. Reviews may be taken into account in the visibility, ranking and reputation of a Professional, without constituting the sole criterion.

8. Referencing, visibility and ranking of professionals

In its capacity as an online platform operator within the meaning of Article L.111-7 of the French Consumer Code, Check Boat informs Users of the main criteria determining the referencing and ranking of Professionals.

Visibility and ranking may depend in particular on the completeness of the profile, the services offered, the ports of intervention, availability, the supporting documents provided and verified, recent activity, responsiveness, reviews, the quality of exchanges and compliance with the Platform's rules.

Check Boat may limit, suspend or withdraw the visibility of an incomplete, inactive, non-compliant, fraudulent profile or one contrary to these ToU. Check Boat does not guarantee Professionals any display order, volume of requests, number of Missions or economic result.

9. Moderation, reporting and fight against fraud

Check Boat may implement moderation, control, verification and restriction measures in order to protect Users and the proper functioning of the Platform. These measures may concern profiles, documents, messages, mission requests, reviews, payments, suspicious behaviour, circumvention attempts and illicit or abusive Content. The dispute messaging is equipped with a moderation mechanism, in particular for insulting remarks.

Any User may report behaviour, Content, a profile, a message or a Mission likely to contravene the Platform's rules or the law. Depending on the seriousness, Check Boat may issue a warning, request a modification, restrict certain features, limit visibility, suspend an Account, block a payment, delete Content or close an Account.

10. Liability

Liability of Users

Each User is responsible for the use they make of the Platform, the information they communicate and the Content they publish, the accuracy of which Check Boat does not verify. The User indemnifies Check Boat against any claim, sanction, damage or cost resulting from a breach of their legal, contractual, professional, tax, social or insurance obligations. In the event of a third-party claim related to their Content or actions, the User provides Check Boat without delay with the relevant explanations and supporting documents and answers for the consequences of their acts.

Liability of Check Boat

Check Boat is bound by an obligation of means in the provision of its digital services. It may not be held liable for damage, direct or indirect, resulting from the use of the Platform, the Content published by Users, the use a User makes of another's information, nor from a malfunction of the network, the servers or any event beyond its reasonable control. Check Boat's liability for the performance of Missions and payments is governed by the T&Cs.

11. Availability of the platform

Check Boat implements reasonable means to ensure quality access to the Platform, without being bound by an obligation of result. It may interrupt or suspend, temporarily or definitively, all or part of access to the Platform, without notice, in particular for maintenance operations, technical developments, security reasons or in the event of force majeure, without such interruption giving rise to any right to compensation.

12. Hyperlinks

The Platform may contain links to external sites that have not been developed by Check Boat. It is the User's responsibility to use this information with discernment. Check Boat may not be held liable for the availability of these sites, their content, or for any damage or loss arising from their use.

13. Intellectual property

All the elements that make up the Platform, and in particular the trademarks, logos, texts, data, drawings, graphics, photos, animations, sounds, computer codes, layouts, assemblies of all or part of an element of the site, are and remain the property of Check Boat or its rights holders.

The reproduction of all or part of the Platform or the elements that make it up on any medium whatsoever is strictly prohibited, except with the express prior authorisation of Check Boat. Reproduction is authorised solely for information purposes for personal and private use. As a general rule, any reproduction must imperatively mention the name of its author.

All the content of the Platform (images, texts, database, etc.) is subject to the French and international legislation in force regarding intellectual property (copyright, trademark law, database rights, etc.).

If the User finds that elements published on the site infringe copyright or other protected rights, please contact Check Boat via the contact form or at the postal address 4 route du Moulin Neuf, 17220 Saint-Médard-d'Aunis.

Furthermore, it is recalled that, in accordance with Article L.342-1 of the French Intellectual Property Code, the downloading of all or a quantitatively substantial part of this database by means of robots or any other automatic extraction process is strictly prohibited.

14. Personal data

Check Boat processes Users' personal data in connection with the creation of Accounts, the management of profiles and boats, Missions, messaging, payments, invoicing, compliance and the fight against fraud. In accordance with Regulation (EU) 2016/679 (GDPR) and French Law No. 78-17 of 6 January 1978, data subjects have rights of access, rectification, erasure, objection, restriction and portability, as well as the right to lodge a complaint with the CNIL.

The purposes, legal bases, categories of data, recipients, retention periods and security measures are detailed in the Privacy Policy, accessible on the Platform. For any request relating to their data, the User may write via the contact form, accompanied where applicable by proof of identity. Each User is required to comply with the regulations applicable to the personal data to which they have access in the context of Missions.

15. Duration, suspension, termination and account closure

These ToU constitute a contract of indefinite duration applicable for the entire duration of use of the Platform and until the closure of the Account. The User may at any time delete their Account in accordance with the terms described on the Platform, subject to obligations arising previously.

Check Boat may, at any time, without compensation and without its liability being engaged, suspend, limit or close a User's Account, in particular in the following cases:

• Breach of these ToU, the T&Cs or any Platform rule;
• False, incomplete, outdated or misleading information, identity theft or fraud;
• Failure, expiry or non-compliance of the required supporting documents, or non-compliance with a legal, tax, social, professional, insurance or regulatory obligation;
• Non-payment, payment incident, abusive chargeback or attempt to circumvent the Platform;
• Abusive, insulting, threatening or fraudulent behaviour, or undermining the security, integrity or reputation of the Platform or its Users;
• Prolonged inactivity, repeated non-responses or manifest inconsistency of the profile;
• Request from an administrative or judicial authority, request from the payment provider, or performance of a legal obligation;
• Cessation of activity, removal from the legal registers or cessation of payments of the Professional, subject to the mandatory provisions applicable to insolvency proceedings.

The suspension or closure of the Account does not call into question the obligations arising previously, in particular as regards payment, dispute, invoicing, taxation and document retention. Check Boat may not be held liable for the consequences of a measure duly implemented pursuant to this article.

16. Electronic proof

Users acknowledge that the digital data recorded by Check Boat or placed under its control, kept under reasonable security conditions, constitute evidence of the uses and exchanges (electronic messages, connections, validations, clicks, notifications) that have taken place on the Platform. These records are admissible with the same probative force as a written document and are authentic until proven otherwise. In the event of contradiction, the records kept in Check Boat's information system shall prevail.

17. Modification of the ToU and communications

Check Boat may modify and update the ToU as the features offered, the applicable regulations or its technical, economic or security constraints evolve. Users are informed of modifications, before they come into force, via the Platform or by email to the address provided.

The modified ToU are applicable one (1) month after this information. The continued use of the Platform after the entry into force of the modified ToU constitutes acceptance of them. In the event of a substantial modification, Check Boat may make the continued use subject to the express acceptance of the new ToU by means of a dedicated message displayed on the Platform. The User who does not accept the new ToU may, during this period, stop using the Platform and close their Account, free of charge.

In accordance with Regulation (EU) 2019/1150 of 20 June 2019, any modification of these ToU applicable to Professionals is notified on a durable medium, subject to a notice period that may not be less than fifteen (15) days, or a longer period where its implementation requires technical or commercial adaptations. The Professional may terminate before the expiry of the notice period; the continued use of the Platform during the notice period constitutes a waiver thereof. The notice period does not apply where the modification results from a legal or regulatory obligation, or is necessary to address an unforeseen and imminent danger relating to security or fraud.

Users accept that Check Boat sends them, by email to the address provided, the information necessary for the provision of a service as well as any information relating to the performance of these ToU.

18. Non-assignment of the general conditions

Except with the prior written agreement of the Parties, the benefit of these ToU may not be assigned by either Party to a third party.

19. Entirety of the general conditions

These ToU express the entirety of the agreement reached between the Parties. They replace any prior agreement of the Parties having the same purpose.

The fact that either Party does not, at a given time, avail itself of any of these conditions of the ToU may not be interpreted as a waiver of the right to subsequently avail itself of any of these conditions.

20. Nullity

The nullity of one of the clauses of these ToU does not entail the nullity of the whole and, generally, if one or more stipulations of the ToU are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.

The Parties then agree to replace the clause declared null and invalid with a clause that most closely relates, in its content, to the clause initially agreed, and in view of the initial intention of the Parties, in particular so as to maintain the economic balance of the ToU.

The same principles will apply in the event of incomplete provisions.

21. Applicable law, mediation and competent jurisdiction

These ToU, as well as their validity, performance or non-performance and interpretation, are governed by French law.

Prior to any litigation, the Parties will endeavour to resolve amicably any dispute that may arise between them in relation to these ToU.

To this end, the Owner or the Professional is invited to send their complaint to Check Boat via the contact form in order to seek an amicable solution.

Consumer mediation. Where a dispute arises between a consumer Owner and Check Boat regarding the services provided by Check Boat, and in the event of failure of their prior complaint, the consumer Owner has the option of resorting free of charge to the consumer mediator to which Check Boat adheres:

Competent jurisdiction. Failing an amicable resolution:

• Where the Owner has the status of consumer, they may, in accordance with Article R.631-3 of the French Consumer Code and Article 42 of the French Code of Civil Procedure, bring the matter, at their choice, before the court of the place where they resided at the time of the conclusion of the contract or of the occurrence of the harmful event, the court of the place of performance of the service, or that of the place where the defendant resides. They may also opt for the Commercial Court or the Judicial Court;
• For disputes between Professionals or between a Professional and Check Boat, as well as for any dispute between an Owner acting in a professional capacity and Check Boat, exclusive jurisdiction is attributed to the Commercial Court of La Rochelle, within the jurisdiction of Check Boat's registered office, even in the event of a plurality of defendants or a warranty claim, unless a mandatory provision provides otherwise.