Terms of Service
Please note: Section 19 of these Terms contains an arbitration clause and class action waiver that applies to all Navisyo Members. If your country of residence is the United States, this provision applies to all disputes with Navisyo. If your country of residence is outside of the United States, this provision applies to any action you bring against Navisyo in the United States. It affects how disputes with Navisyo are resolved. By accepting these Terms, you agree to be bound by the arbitration clause and class action waiver (section 19 below). Please read it carefully.
Last updated: September 1, 2020
Thank you for using Navisyo!
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Navisyo (as defined below) governing your access to and use of the Navisyo website, including any subdomains thereof, and any other websites through which Navisyo makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Navisyo Services"). The Site, Application and Navisyo Services together are hereinafter collectively referred to as the "Navisyo Platform".
When these Terms mention "Navisyo", "we", "us", or "our", it refers to the Navisyo company you are contracting with. Your contracting entity will generally be determined based on your country of residence or establishment. In these Terms, the words "including" and "include" mean "including, but not limited to."
Please read these Terms carefully, as they constitute a legal agreement between you and Navisyo. By accessing or using the services, you confirm your agreement to be bound by these terms. If you do not agree to these terms, you may not access or use the services. These terms expressly supersede prior agreements or arrangements with you regarding the use of the services.
Table of Contents
- Scope of Navisyo Services
- Eligibility, Using the Navisyo Platform, Member Verification
- Modification of these Terms
- Account Registration
- Service Fees
- Terms specific for Hosts
- Terms specific for Guests
- Booking Modifications, Cancellations and Refunds, Resolution Center
- Ratings and Reviews
- Damage to Accommodations, Disputes between Members
- Rounding off, Currency conversion
- Prohibited Activities
- Term and Termination, Suspension and other Measures
- Dispute Resolution
- Applicable Law and Jurisdiction
- General Provisions
1. Scope of Navisyo Services
1.1 The Scope of the Navisyo Services is to connect Boat Owners and Individuals looking to experience a boat, for various reasons, around the world with the touch of a button. The Navisyo Platform is an online marketplace that enables registered users ("Members") and certain third parties who offer services (Members and third parties who offer services are "Hosts / Boat Owners"and the services they offer are "Host Services" to publish such Host Services on the Navisyo Platform ("Offers") and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are "Guests / Travelers"). Host Services may include the offering of overnight stays aboard their boat for use as ("Floatels"), single or multi-day activities in various categories such as but not limited to ("Voyages"), ("Events"), and a variety of other travel and non-travel related services.
1.2 As the provider of the Navisyo Platform, Navisyo does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Boat Offers or Host Services, nor is Navisyo an organizer or retailer of travel packages under Directive (EU) 2015/2302. Hosts alone are responsible for their Boat Offers and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Navisyo is not and does not become a party to or other participant in any contractual relationship between Members, nor is Navisyo a broker or insurer. Navisyo is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, Navisyo has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Boat Offers or Host Services, (ii) the truth or accuracy of any Boat Offer descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Navisyo does not endorse any Member, Boat Offer or Host Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Navisyo about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Boat Offer at the time the photograph was taken, and are therefore not an endorsement by Navisyo of any Host or Boat Offer.
1.4 If you choose to use the Navisyo Platform as a Host or Co-Host (as defined below), your relationship with Navisyo is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Navisyo for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Navisyo. Navisyo does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge and agree that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.
1.5 To promote the Navisyo Platform and to increase the exposure of Boat Offers to potential Guests, Boat Offers and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Boat Offers and other Member Content may be translated, in whole or in part, into other languages. Navisyo cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Navisyo Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The Navisyo Platform may contain links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Navisyo is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Navisyo of such Third-Party Services.
1.7 Due to the nature of the Internet, Navisyo cannot guarantee the continuous and uninterrupted availability and accessibility of the Navisyo Platform. Navisyo may restrict the availability of the Navisyo Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Navisyo Platform. Navisyo may improve, enhance and modify the Navisyo Platform and introduce new Navisyo Services from time to time.
2. Eligibility, Using the Navisyo Platform, Member Verification
2.1 In order to access and use the Navisyo Platform or register a Navisyo Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Host Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 Navisyo may make access to and use of the Navisyo Platform, or certain areas or features of the Navisyo Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the Navisyo Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Navisyo Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Navisyo Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Same is applicable for Navisyo app for Android. Some areas of the Navisyo Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/ Google Earth Additional Terms of Service.
3. Modification of these Terms
Navisyo reserves the right, at its discretion, to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Navisyo Platform and update the "Last Updated" date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect, by no longer using the services. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Navisyo Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("Navisyo Account") to access and use certain features of the Navisyo Platform, such as publishing or booking a Boat Offer. If you are registering a Navisyo Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a Navisyo Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your Navisyo Account and your SNS Account at any time, by accessing the "Settings" section of the Navisyo Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your Navisyo Account and public Navisyo Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Navisyo Account unless Navisyo authorizes you to do so. You may not assign or otherwise transfer your Navisyo Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Navisyo Account credentials and may not disclose your credentials to any third party. You must immediately notify Navisyo if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Navisyo Account. You are liable for any and all activities conducted through your Navisyo Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 Navisyo may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Navisyo Account. For example, we may enable Members to link their Navisyo Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to book Boat Offers on behalf of other Members, or we may enable Hosts to add other Members as Co-Hosts (as defined below) to help manage their Boat Offers. These features do not require that you share your credentials with any other person. No third party is authorized by Navisyo to ask for your credentials, and you shall not request the credentials of another Member.
5.1 Navisyo may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Navisyo Platform ("Member Content"); and (ii) access and view Member Content and any content that Navisyo itself makes available on or through the Navisyo Platform, including proprietary Navisyo content and any content licensed or authorized for use by or through Navisyo from a third party ("Navisyo Content" and together with Member Content, "Collective Content").
5.2 The Navisyo Platform, Navisyo Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Navisyo Platform and Navisyo Content, including all associated intellectual property rights, are the exclusive property of Navisyo and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Navisyo Platform, Navisyo Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Navisyo used on or in connection with the Navisyo Platform and Navisyo Content are trademarks or registered trademarks of Navisyo in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Navisyo Platform, Navisyo Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Navisyo Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Navisyo or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Navisyo grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Navisyo Platform and accessible to you, solely for your personal and non-commercial use.
5.6 Navisyo may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Boat Offers with or without a watermark or tag bearing the words "Navisyo.com Verified Photos" or similar wording ("Verified Images"). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Navisyo Platform if they no longer accurately represent your Boat Offer, if you stop hosting the Host Service featured, or if your Navisyo Account is terminated or suspended for any reason. You acknowledge and agree that Navisyo shall have the right to use any Verified Images in accordance with Section 5.5 for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Boat Offer or otherwise, without further notice or compensation to you. Where Navisyo is not the exclusive owner of Verified Images, by using such Verified Images on or through the Navisyo Platform, you grant to Navisyo an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/ or any other business purposes in any media or platform, whether in relation to your Boat Offer or otherwise, without further notice or compensation to you. Navisyo in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non- transferable license to use Verified Images outside of the Navisyo Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the Navisyo Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Navisyo Platform or you have all rights, licenses, consents and releases that are necessary to grant to Navisyo the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Navisyo's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Navisyo’s Content Policy or any other Navisyo policy. Navisyo may, without prior notice, remove or disable access to any Member Content that Navisyo finds to be in violation of applicalble law, these Terms or Navisyo’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Navisyo, its Members, third parties, or property, at its discretion.
5.9 Navisyo respects copyright law and expects its Members to do the same. If you believe that any content on the Navisyo Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6. Service Fees
6.1 Navisyo may charge fees to Hosts ("Host Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the Navisyo Platform.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking an "Offer". Navisyo reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
6.3 You are responsible for paying any Service Fees that you owe to Navisyo. The applicable Service Fees (including any applicable Taxes) are collected by Navisyo Payments. Navisyo Payments will deduct any Host Fees from the Boat Offer Fee before remitting the payout to the Host. Any Guest Fees are included in the Total Fees collected by Navisyo Payments. Except as otherwise provided on the Navisyo Platform, Service Fees are non-refundable
7. Terms specific for Hosts
7.1 Terms applicable to all "Boat Offers"
7.1.1 When creating a Boat Offer through the Navisyo Platform you must (i) provide complete and accurate information about your Host Service (such as Boat Offer description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as boat rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for a Voyage or Floatel or Event) and (iii) provide any other pertinent information requested by Navisyo. You are responsible for keeping your Boat Offer information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Boat Offer ("Boat Offer Fee"). Once a Guest requests a booking of your Boat Offer, you may not request that the Guest pay a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Boat Offer, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Boat Offer.
7.1.4 Navisyo may enable certain Hosts to participate in certain Promotional Programs that will be available at the time of promotion. You acknowledge that if you choose to participate in any Promotional Programs, your ability to restrict your Boat Offer to certain Guests, will be applicable.
7.1.5 Pictures, animations or videos (collectively, "Images") used in your Boat Offers must accurately reflect the quality and condition of your Host Services and be approved by a Navisyo’s representative who will make a mandatory visit on site at least once before any offers are to be published,. Navisyo reserves the right to require that Boat Offers have a minimum number of Images of a certain format, size and resolution and Navisyo reserves the right to coordinate a photoshoot at no cost to the boat owners in order to ensure the quality of the photos are visually attractive and professionally taken. These photos are to be used only for Navisyo’s platform and remains property of Navisyo.
7.1.6 The placement and ranking of Boat Offers in search results on the Navisyo Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.
7.1.7 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement directly with the Guest and are required to provide your Host Service(s) to the Guest as described in your Boat Offer when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes. As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income or other taxes.
7.1.8 In certain jurisdictions, Tax regulations may require that we collect and or report tax information about you, or withhold taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligations to withhold taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Navisyo may issue on your behalf invoices or similar documentation for VAT, GST, consumption ro other Taxes for your Host Services to facilitate accurate tax reporting by you, our Guests, and/or their organizations.
7.1.9 Navisyo recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other Host Service.
7.2 Boat Offer for Floatel Stays
7.2.1 Unless expressly allowed by Navisyo, you may not list more than one Boat Offer for Floatel Stays or Voyages per Boat Offer.
7.2.2 If you choose to require a security deposit for your Accommodation, you must specify this in your Boat Offer ("Security Deposit"). Hosts are not allowed to ask for a Security Deposit (i) after a booking has been confirmed or (ii) outside of the Navisyo Platform.
7.2.3 You represent and warrant that any Boat Offer you post and the booking of, or a Guest's stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as marina associations or other agreements, and (ii) comply with all applicable, Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest and any individuals the Guest invites to the Accommodation.
7.3 Boat Offer Experiences, Events and other Host Services
Hosts at times may want to Offer a different type of Experience as an add on service and/or experience under any of the categories "Floatel", "Voyage", or "Event". Navisyo will review this type of experience at the time of enquiry.
7.4.1 Navisyo may enable Hosts to authorize other Members ("Co-Hosts") to administer the Host’s Boat Offer(s), and to bind the Host and take certain actions in relation to the Boat Offer(s) as permitted by the Host, such as accepting booking requests, messaging and welcoming Guests, and updating the Boat Offer Fee and calendar availability (collectively, ("Co-Host Services"), Any agreement formed between Host and Co-Host may not conflict with these Terms, the Payments Terms, or any other Policies applicable to your Host Service(s). Co-Hosts may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by Navisyo. Navisyo reserves the right, in our sole discretion, to limit the number of Co-Hosts a Host may invite for each Boat Offer and to limit the number of Boat Offers a Co- Host may manage.
7.4.2 Hosts should exercise due diligence and care when deciding who to add as a Co-Host to their Boat Offer(s). Hosts remain solely responsible and liable for any and all Boat Offers and Member Content published on the Navisyo Platform, including any Boat Offer created by a Co-Host on their behalf. Further, Hosts remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Host(s). Co-Hosts remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Host, including, but not limited to, conduct that causes harm or damage to the Host. In addition, both Host and Co-Host are jointly responsible and severally liable for third party claims, including Guest claims, arising from the acts and omissions of the other person as related to hosting activities, communications with Guests, and the provision of any Co-Host Services.
7.4.3 Unless agreed otherwise by Host and Co-Host, Host and Co-Host may terminate the Co-Host agreement at any time. In addition, both Host and Co-Host acknowledge that their Co-hosting relationship will terminate in the event that Navisyo (i) terminates the Co-Host service or (ii) terminates either party’s participation in the Co-Host service. When the Co-Host agreement is terminated, the Host will remain responsible for all of the Co-Host’s actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination. When a Member is removed as a Co-Host, that Member will no longer have access to any Host or Guest information related to the applicable Host’s Boat Offer(s).
8. Terms specific for Guests
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Navisyo and/ or the Host, you can book a Boat Offer available on the Navisyo Platform by following the respective booking process. All applicable fees, including the Boat Offer Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, "Total Fees") will be presented to you prior to booking a Boat Offer. You agree to pay the Total Fees for any booking requested in connection with your Navisyo Account.
8.1.2 Upon receipt of a booking confirmation from Navisyo, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Boat Offer. Navisyo Payments will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms. For certain bookings, Guests may be required to pay or have the option to pay in multiple installments.
8.1.4 You agree that you will only use the Services for lawful purposes.
8.1.5 If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Host Service if accompanied by an adult who is responsible for them.
8.2 Booking Accommodations / Floatel Stays
8.2.1 You understand that a confirmed booking of an Accommodation ("Floatel Stay Booking") is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re- enter the Accommodation, in accordance with your agreement with the Host.
8.2.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Boat Offer or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host's consent ("Overstay"), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Boat Offer Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at an Accommodation, you authorize Navisyo (via Navisyo Payments) to charge you to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.
8.3 Booking Experiences, Events and other Host Services
8.3.1 You should carefully review the description of any Experience added or included in any of the three categories, "Floatel", "Voyage", "Event" or other Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Boat Offer. At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Experience or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, or other Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience or other Host Service.
8.3.2 Before and during an Experience or other Host Service you must at all times adhere to the Hosts’ instructions.
8.3.3 You may not bring any additional individuals to a Floatel Stay or Voyage Service unless such an individual was added by you as an additional guest during the booking process on the Navisyo Platform.
8.4 Navisyo Travel Credits
Navisyo Travel Credits may be redeemed for eligible bookings via the Navisyo Platform as specified in the terms and conditions provided with the Travel Credit. You may only redeem Navisyo Travel Credits after the Navisyo Travel Credits are reflected in your Navisyo Account.
9. Booking Modifications, Cancellations and Refunds, Resolution Center
9.1 Hosts and Guests are responsible for any modifications to a booking that they make via the Navisyo Platform or direct Navisyo customer service to make ("Booking Modifications"), and agree to pay any additional Boat Offer Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
9.2 Guests can cancel a confirmed booking at any time pursuant to the Boat Offer’s cancellation policy set by the Host, and Navisyo Payments will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by Navisyo Payments pursuant to the Payments Terms.
9.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking. In some instances, Navisyo may allow the Guest to apply the refund to a new booking, in which case Navisyo Payments will credit the amount against the Guest’s subsequent booking at the Guest’s direction. Further, Navisyo may publish an automated review on the Boat Offer canceled by the Host indicating that a booking was canceled. In addition, Navisyo may (i) keep the calendar for the Boat Offer unavailable or blocked for the dates of the canceled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking pursuant to Navisyo’s Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behavior.
9.4 For Experiences, Events and other Host Services, if weather poses a safety risk to Guests, or if it prevents a Host from carrying out a Host Service that takes place primarily outdoors, Hosts may cancel the Host Service. Hosts may also cancel the Host Service if other conditions exist that would prevent the Host from offering the Host Service safely.
9.5 In certain circumstances, Navisyo may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be for reasons set forth in Navisyo's Extenuating Circumstances Policy or (i) where Navisyo believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Navisyo, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.6 If a Guest who books an Accommodation suffers a Travel Issue as defined in the Guest Refund Policy, Navisyo may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy. If a Guest who books an Experience, Event or other Host Service suffers a Travel Issue as defined in the Experiences Guest Refund Policy, Navisyo may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Experiences Guest Refund Policy.
9.7 If a Guest or Navisyo cancels a confirmed booking, and the Guest receives a refund in accordance with the Guest Refund Policy, Experiences Guest Refund Policy, Extenuating Circumstances Policy, or the applicable cancellation policy set by the Host and mentioned in the Boat Offer, after the Host has already been paid, Navisyo Payments will be entitled to recover the amount of any such refund from the Host, including by subtracting such refund amount out from any future Payouts due to the Host.
9.8 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds, additional Host Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Navisyo Account, and Navisyo Payments will handle all such payments.
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a booking, Guests and Hosts can leave a public review ("Review") and submit a star rating ("Rating") about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Navisyo. Ratings and Reviews are not verified by Navisyo for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests and Hosts must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with Navisyo’s Content Policy and Extortion Policy.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Navisyo Platform (such as the Boat Offer page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
11. Damage to Accommodations, Disputes between Members
11.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
11.2 If a Host claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation ("Damage Claim"), the Host can seek payment from you through the Resolution Center. If a Host escalates a Damage Claim to Navisyo, you will be given an opportunity to respond. If you agree to pay the Host, or Navisyo determines in its sole discretion that you are responsible for the Damage Claim, Navisyo via Navisyo Payments will, after the end of your stay, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. Navisyo also reserves the right to otherwise collect payment from you and pursue any remedies available to Navisyo in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts under the Navisyo Host Guarantee.
11.3 Members agree to cooperate with and assist Navisyo in good faith, and to provide Navisyo with such information and take such actions as may be reasonably requested by Navisyo, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Accommodations or any personal or other property located at an Accommodation, (ii) Experiences, (iii) Co-Host agreements, or (iv) a Group Payment Booking. A Member shall, upon Navisyo's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Navisyo or a third party selected by Navisyo or its insurer, with respect to losses for which a Member is requesting payment from Navisyo.
11.4 If you are a Guest or a Co-Host, you understand and agree that Navisyo may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including an Accommodation) of the Host. You agree to cooperate with and assist Navisyo in good faith, and to provide Navisyo with such information as may be reasonably requested by Navisyo, to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as Navisyo may reasonably request to assist Navisyo in accomplishing the foregoing.
12. Rounding Off, Currency Conversion
Navisyo generally, supports payment amounts that are payable from or to Guests or Hosts to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where Navisyo’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, Navisyo may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, Navisyo may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
13.1 As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Boat Offer Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").
14. Prohibited Activities
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Navisyo Platform. In connection with your use of the Navisyo Platform, you will not and will not assist or enable others to:
- Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
- Use the Navisyo Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Navisyo endorsement, partnership or otherwise misleads others as to your affiliation with Navisyo;
- Use the Navisyo Platform in connection with the distribution of unsolicited commercial messages ("spam");
- Offer, as a Host, any accommodation that you do not yourself own or have permission to make available as an offer or through the Navisyo Platform;
- Unless Navisyo explicitly permits otherwise, book any Boat Offer if you will not actually be using the Host Services yourself;
- Contact another Member for any purpose other than asking a question related to your own booking, Boat Offer, or the Member's use of the Navisyo Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- Use the Navisyo Platform to request, make or accept a booking independent of the Navisyo Platform, to circumvent any Service Fees or for any other reason;
- Request, accept or make any payment for Boat Offer Fees outside of the Navisyo Platform or Navisyo Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Navisyo harmless from any liability for such payment;
- Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- Misuse or abuse any Boat Offers or services associated with the Navisyo Open Homes program as determined by Navisyo in its sole discretion.
- Use, display, mirror or frame the Navisyo Platform or Collective Content, or any individual element within the Navisyo Platform, Navisyo's name, any Navisyo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Navisyo Platform, without Navisyo's express written consent;
- Dilute, tarnish or otherwise harm the Navisyo brand in any way, including through unauthorized use of Collective Content, registering and/or using Navisyo or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Navisyo domains, trademarks, taglines, promotional campaigns or Collective Content;
- Use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Navisyo Platform for any purpose;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Navisyo or any of Navisyo's providers or any other third party to protect the Navisyo Platform;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Navisyo Platform;
- Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Navisyo Platform;
- Export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- Violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.2 You acknowledge that Navisyo has no obligation to monitor the access to or use of the Navisyo Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Navisyo Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Navisyo in good faith, and to provide Navisyo with such information and take such actions as may be reasonably requested by Navisyo with respect to any investigation undertaken by Navisyo or a representative of Navisyo regarding the use or abuse of the Navisyo Platform.
14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Navisyo by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
15. Term and Termination, Suspension and other Measures
15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Navisyo terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Navisyo Account as a Host, any confirmed booking(s) will be automatically canceled and your Guests will receive a full refund. If you cancel your Navisyo Account as a Guest, any confirmed booking(s) will be aut
15.3 Without limiting our rights specified below, Navisyo may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
15.4 Navisyo may immediately, without notice, terminate this Agreement and/or stop providing access to the Navisyo Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Navisyo believes in good faith that such action is reasonably necessary to protect the personal safety or property of Navisyo, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, Navisyo may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Navisyo Account registration, Boat Offer process or thereafter, (iv) you and/or your Boat Offers or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Navisyo otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly canceled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Navisyo believes in good faith that such action is reasonably necessary to protect the personal safety or property of Navisyo, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Boat Offers, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the Navisyo Platform;
- temporarily or permanently revoke any special status associated with your Navisyo Account;
- temporarily or in case of severe or repeated offenses permanently suspend your Navisyo Account and stop providing access to the Navisyo Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Navisyo and an opportunity to resolve the issue to Navisyo's reasonable satisfaction.
15.6 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been canceled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were canceled.
15.7 When this Agreement has been terminated, you are not entitled to a restoration of your Navisyo Account or any of your Member Content. If your access to or use of the Navisyo Platform has been limited or your Navisyo Account has been suspended or this Agreement has been terminated by us, you may not register a new Navisyo Account or access and use the Navisyo Platform through an Navisyo Account of another Member.
15.8 Sections 5 and 16 to 22 of these Terms shall survive any termination or expiration of this Agreement
If you choose to use the Navisyo Platform or Collective Content, you do so voluntarily and at your sole risk. The Navisyo Platform and Collective Content is provided "as is", without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Navisyo Services, laws, rules, or regulations that may be applicable to your Boat Offers and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by Navisyo relating to a Boat Offer.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Experiences, Events, other Host Services, or the Group Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Host Service or the Group Payment Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and hold harmless Navisyo from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Navisyo Platform and Collective Content, your publishing or booking of any Boat Offer via the Navisyo Platform, your stay at any Boat offers participation in any Experience or Event or use of any other Host Service, participation in the Group Payment Service, or any other interaction you have with other Members whether in person or online remains with you. Neither Navisyo nor any other party involved in creating, producing, or delivering the Navisyo Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Navisyo Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Navisyo Platform, or (iv) from your publishing or booking of a Boat Offer, including the provision or use of a Boat Offer’s Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Navisyo has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms. In no event will Navisyo’s aggregate liability arising out of or in connection with these Terms and your use of the Navisyo Platform including, but not limited to, from your publishing or booking of any Boat Offers via the Navisyo Platform, or from the use of or inability to use the Navisyo Platform or Collective Content and in connection with any Accommodation, Experiences, Event, other Host Service, the Group Payment Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Navisyo Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Navisyo to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Navisyo and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Navisyo’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
To the maximum extent permitted by applicable law, you agree to release, defend (at Navisyo’s option), indemnify, and hold Navisyo and its affiliates and subsidiaries, including but not limited to, Navisyo Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Navisyo Platform or any Navisyo Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Host Service, participation in the Group Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Navisyo’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
19. Dispute Resolution and Arbitration Agreement
19.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) country of residence or establishment is in the United States; or (ii) your country of residence or establishment is not in the United States, but bring any claim against Navisyo in the United States (to the extent not in conflict with Section 21).
19.2 Overview of Dispute Resolution Process. Navisyo is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with Navisyo’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association ("AAA") using its specially designed Consumer Arbitration Rules (as modified by this Section 19 and except as provided in Section 19.6). Specifically, the Consumer Arbitration Rules provide:
- Claims can be filed with AAA online (www.adr.org);
- Arbitrators must be neutral and no party may unilaterally select an arbitrator;
- Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
- Parties retain the right to seek relief in small claims court for certain claims, at their option;
- The initial filing fee for the consumer is capped at $200;
- The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
- The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Navisyo each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Navisyo’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
19.4 Agreement to Arbitrate. You and Navisyo mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Navisyo Platform, the Host Services, the Group Payment Service, or the Collective Content (collectively, "Disputes") will be settled by binding individual arbitration (the "Arbitration Agreement"). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Navisyo agree that the arbitrator will decide that issue.
19.5 Exceptions to Arbitration Agreement. You and Navisyo each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
19.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the "AAA Rules") then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
19.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Navisyo agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Broward County; (c) in any other location to which you and Navisyo both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
19.8 Modification of AAA Rules - Attorney’s Fees and Costs. You and Navisyo agree that Navisyo will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Navisyo agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA Rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
19.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
19.10 Jury Trial Waiver. You and Navisyo acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
19.11 No Class Actions or Representative Proceedings. You and Navisyo acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and Navisyo both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the "class action lawsuit" waiver or the "class- wide arbitration" waiver in this Section 19.11 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the "private attorney general action" waiver or the "representative proceeding" waiver in this Section 19.11 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and Navisyo agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
19.12 Severability. Except as provided in Section 19.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
19.13 Changes. Notwithstanding the provisions of Section 3 ("Modification of these Terms"), if Navisyo changes this Section 19 ("Dispute Resolution and Arbitration Agreement") after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Navisyo’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Navisyo (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Navisyo.
19.14 Survival. Except as provided in Section 19.12 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the Navisyo Platform or terminate your Navisyo Account.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Navisyo Platform ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Navisyo Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non- exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
21. Applicable Law and Jurisdiction
21.1 If your country of residence or establishment is the United States or outside, these Terms will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be brought in state or federal court in Fort Lauderdale, Florida, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Broward, Florida.
22. General Provisions
22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Navisyo and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Navisyo and you in relation to the access to and use of the Navisyo Platform.
22.2 No joint venture, partnership, employment, or agency relationship exists between you and Navisyo as a result of this Agreement or your use of the Navisyo Platform.
22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
22.5 Navisyo’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Navisyo's prior written consent. Navisyo may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
22.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Navisyo via email, Navisyo Platform notification, or messaging service (including SMS).
22.8 If you have any questions about these Terms please email us at: [email protected]
Terms of Service for European Users
Please read these Terms of Service for European Users ("Terms") carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Navisyo Platform, you agree to comply with and be bound by these Terms.
Please note: Section 19 of these Terms contains an arbitration clause and class action waiver that applies to all claims brought against Navisyo in the United States. It affects how disputes with Navisyo are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
You can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that Navisyo is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.