version 1.1 – January 2023
Please read these Terms and Conditions of Use carefully as they contain important information regarding your legal rights, obligations and remedies. By using or accessing the Ready4Sea solution, you agree to be bound by and comply with these Terms and Conditions.
We have added an easily readable blue summary to each chapter heading. These elements have no contractual value, but they will facilitate your reading and understanding of this document. They are grouped together at the end of the page.
Article 1 – Définitions
🙂 Each word is used with its usual meaning, but sometimes it is better to specify it clearly.
Content: all elements that may be presented or offered to the User via the Solution, whatever their style or form, and whatever their nature, and in particular: editorial (texts), graphic (images), audio or video.
Ready4Sea: the Ready4Sea company, as identified on the Legal Notice page (“we”, “us”, “our”, “we”).
Solution: the website accessible via the ready4sea.com domain name and all its sub-domains, as well as the “Ready4Sea” mobile application, whatever its version, and offered on application stores such as Google Play Store and Apple App Store, and Ready4Sea’s servers necessary for the proper functioning of the website and the mobile application
Services: all services offered by Ready4Sea, whether available on the Solution or not, and which are the subject of this Agreement.
User: any individual or legal entity using the Solution (“you”, “your”, “yours”), whether in the context of their personal or professional activity. Users are boaters, sailors in the pleasure boating sector, or professionals in the boating sector. Merchant navy sailors or professional fishermen are not eligible to become Users in the context of their professional activity.
Client: any User, natural or legal person, subscribing to Ready4Sea’s paying services.
Data: all information, documents, texts, notes, software, music, sounds, photographs, graphics, videos, messages and other elements of all types and in all forms collected and transmitted in the context of the use by the User of the Services provided by Ready4Sea.
Profile: all data collected and recorded by Ready4Sea concerning a User. For a User who has registered, the Profile is identifiable. Otherwise, it is anonymous.
Registration: action allowing a User to create a nominative and persistent Profile, and achieved by communicating his email address as an identifier to Ready4Sea.
Article 2 – Purpose
❗️Important: this document is a contract between you and us.
The present Agreement governs the usage of the Solution, as well as the transactions which could result from it. The Agreement has contractual value between the parties, namely between Ready4Sea and the User.
The summaries in blue are not part of this Agreement, they are only provided to facilitate the understanding of the User.
Article 3 – Description of the Services
👉 The services offered by Ready4Sea include the use of the mobile application and the browsing of the ready4sea.com website.
3.1 – Mobile application
The Services offered to the Users include free access to certain functionalities of the mobile application, namely the creation of a boat, the addition of a limited number of equipments, the creation of a maintenance schedule (“maintenance reminders”), the running of maintenance lists (“checklists”), and the recording of maintenance tasks in a maintenance log. The Services offered to Users also include access to their maintenance schedule via their personal diary. Finally, in an experimental context, these functionalities freely available on the mobile application also include access to a map of nautical service providers (“experts”) in the User’s vicinity.
3.2 – Website
The Services offered to Users also include free access to the Content of the Ready4Sea website, and in particular the blog that appears on it.
3.3 – Paid Services
At this stage, no paid services are offered to Clients, and access to all Ready4Sea functionalities is therefore free. We plan to enrich the Services in the future, by including other services that may be subject to a fee.
3.4 – Termination
Article 4 – Terms of access to the Solution
🤝 You accept this agreement and you use our solution freely with your own equipment. It is your responsibility to update the application regularly to avoid compatibility problems.
4.1 – Acceptance by the User
Consequently, the User acknowledges that any access to and use of the Solution is contractually binding to Ready4Sea under the terms of this Agreement. The formation of this Agreement is in particular confirmed by the User when he/she creates a nominative Profile on the mobile application.
4.2 – Hardware and software compatibility
It is the User’s responsibility to ensure the compatibility of their computer hardware and software installed to access the Solution. In particular, the User commits to updating his/her mobile application as soon as he/she is notified by Ready4Sea and/or by the distribution platform, and to do so within a reasonable timeframe.
Ready4Sea reserves the right to continue, or not, to ensure compatibility with old devices or old versions of the operating system. Due to technological and functional constraints, Ready4Sea will endeavour to continue to maintain the compatibility of older versions of its Solution but without guarantee. Ready4Sea may have to abandon the compatibility of older versions in order to concentrate its efforts on developing a Solution compatible with the most current terminals.
Ready4Sea will then make every effort, within the limits of the possible, to inform the Users, as long as they have indicated a contact method, here again without any guarantee of exhaustiveness, the diversity of possible combinations between terminals, operating system and software of the Solution making exhaustive tests impossible.
4.3 – Duration
Access to the Services is available for an indefinite period, unless Ready4Sea modifies the Solution.
Article 5 – Registration – Profile – Security
🔑 When registering, please be careful to use a secure password known only by yourself. We will keep you informed of your maintenance reminders, but we will only send you our marketing communications with your consent.
5.1 – Identification
When the User registers, the User’s Profile on the Solution becomes identifiable. Ready4Sea identifies the User by means of the User’s email address and authenticates the User by means of a passphrase (or “password”) known only to the User.
5.2 – Authentication
The User is solely responsible for the choice and preservation of the confidentiality of his identifier and secret phrase. The User is fully responsible for any act involving the use of his/her login and passphrase, and therefore undertakes to keep his/her login and passphrase in a safe place and to take all appropriate measures to minimise any risk of a security breach.
In case of loss or theft of the User ID and/or passphrase, or in case of use by an unauthorised third party, the User must immediately notify Ready4Sea through the following contact form: https://ready4sea.com/contact.
Ready4Sea can modify the identifiers and secret phrases at any time if it deems it necessary to preserve security. The User agrees to comply with Ready4Sea’s identification controls.
5.3 – Notifications
By registering, the User subscribes by default to all the Services, and consequently accepts to receive notifications relating to his use of the Solution. These transactional notifications are to be distinguished from marketing notifications, which may only be offered to the User with his/her consent, in accordance with the law.
5.4 – Termination
The deactivation of the Personal Profile leads to the termination of all Services.
Article 6 – Acceptable Use Policy
🤖 Do not abuse our solution in order to maintain access and use.
Automated systems or software accessing the Solution are expressly considered as non-legitimate users or not lawfully accessing the Solution.
No User is permitted to use any device, software, or algorithm, including but not limited to viruses, trojans, worms, DoS attacks, with the intent to cause damage or interfere with the proper operation of the Solution, or any transaction taking place on the Solution, to intercept and use the system, data, or personal information of the Solution.
You are prohibited from taking any action that would overload our system or extract data from it, including but not limited to “Spamming” (or other mass emailing techniques) and “Scraping” (or other mass data collection techniques).
Ready4Sea reserves the right to block the use of all or part of the Solution in the event of behaviour by the User that is detrimental to the proper functioning and quality of our Services.
Article 7 – Data submitted to the Solution – Reporting
🚨 Only store lawful data on Ready4Sea, and report any abuse to us.
7.1 – Data storage
Ready4Sea ensures, free of charge or for a fee, the storage of the Data provided by the Users. This information may, depending on the case, later become Content visible to other Users, depending on the evolution of the collaborative features of the Solution.
7.2 – Responsibilities of the parties
The User is solely and exclusively responsible for the Data he/she transmits and stores on the Solution. The information you transmit must not: infringe on the rights of others, including but not limited to intellectual property rights, publicity, or privacy; be defamatory, threatening, harassing; be obscene, indecent, or contain pornography.
Ready4Sea and its staff are not responsible for information transmitted and stored by Users, registered or not. We reserve the right to take technical and legal action if information stored on the Solution by the User is found to be in violation of the above principles. Ready4Sea is not in a position to control the information provided to a User by another User.
7.3 – Reporting
Each User is invited to inform Ready4Sea of any Content that is likely to be contentious, inaccurate, or indeed illicit, or of an offensive, discriminatory or defamatory nature. Each User agrees to report any Content that advocates crimes against humanity, incites racial hatred, touches on child pornography, incites violence or offends human dignity.
Ready4Sea is committed to reacting promptly to any notification from a User that is made in the proper manner and that is obviously well-founded or that reveals facts that clearly constitute a violation of a rule of law. Ready4Sea will take care to preserve the anonymity of the author of the litigious remarks, while reserving the right to take any useful measure against him, starting with his exclusion from the Solution.
Article 8 – Obligations of the User
👺 Use the Solution for yourself, without usurping the identity of a third party.
When registering, the User undertakes to indicate or disseminate in any form whatsoever only information or Content that conforms to reality and concerns him personally. The User may not publish information of a personal nature concerning third parties without their express prior consent. In any case, Ready4Sea cannot be held responsible in this regard.
The User is the sole judge of the information he wishes to transmit and store on the Solution. The User must not usurp the identity of a third party, nor publish messages that are defamatory or offensive, contrary to good morals or of a criminal nature.
Article 9 – Obligations of Ready4Sea
🥀 We will do our utmost to ensure that you have access to Ready4Sea and to propose reliable and quality content. However, there may be shortcomings, for which we cannot be held responsible.
For all obligations, Ready4Sea is bound by an obligation of means and not of result.
9.1 – Availability of the Solution
The Solution is based on technologies that may have been developed by third parties. Ready4Sea undertakes to implement all necessary means to ensure continuous access to the Solution. However, in order to ensure the technical maintenance of the website and/or the mobile application, access to the Solution may be interrupted from time to time. Insofar as possible, Ready4Sea will endeavour to inform Users by any appropriate means.
Ready4Sea declines all responsibility for any prejudice that may result from the unavailability of the Solution or a problem connecting to the Solution.
Ready4Sea cannot be held responsible for loss of time, profits or customers in the context of professional or commercial use, nor for indirect damage in the context of personal use.
In particular, Ready4Sea cannot be held responsible for the loss or destruction of Data and information that the User has stored on the Solution. It is the User’s responsibility to ensure the backups that he/she deems appropriate.
9.2 – Content published on the Solution
The information provided on the Solution, including the interpretation of regulations and practices, is for information purposes only. For personalized advice or research of a legislative, regulatory or contractual text, the User shall refer to the official information of the public services concerned.
The distribution of Content on the Solution or by any other means of communication does not mean that this Content is recommended by Ready4Sea. Consequently, Ready4Sea cannot be held responsible for Content containing false, incomplete or misleading claims.
In particular, the User acknowledges that the Services offered by Ready4Sea are only a tool to help the User organize his boat. The maintenance of the boat remains the entire responsibility of the User and Ready4Sea only proposes to facilitate this through its Services. In particular, Ready4Sea cannot be held responsible for any damage or accident that could result from an unfortunate or poorly followed advice.
The fact that a boating professional is referenced on the Solution does not imply any approval, endorsement or recommendation of said professional by Ready4Sea. Ready4Sea cannot be held responsible for the relationship that could be established between a User and a referenced professional, Ready4Sea’s role being limited to facilitating and putting the User in contact with the professional. The maintenance of the boat remains the exclusive responsibility of its owner and/or captain. The decision to call upon a professional is the sole responsibility of the owner and/or captain and in case of damage or accident Ready4Sea cannot be associated with the professional responsibility of the person who has carried out an intervention on the boat.
The information provided on the Solution is delivered as such and may contain technical inconsistencies or typographical errors.
9.3 – Limitations
Ready4Sea cannot be held responsible for false statements made by Users. Similarly, Ready4Sea cannot be held responsible if the information communicated by these Users on the day of their Registration has become obsolete.
The User also acknowledges that Ready4Sea cannot be held responsible for the relationship that may be established between Users following the use of the Services.
In any case, the responsibility of Ready4Sea or any other future operator cannot exceed 100 €, all types of damage combined.
Article 10 – Violation of the Agreement
🚫 In case of violation, we may exclude a user.
Any violation of this Agreement entitles Ready4Sea to deny the violating User access to the Solution for the future, as well as to suspend or close the Profile of the User who has violated this Agreement.
Ready4Sea shall not be liable for any violation of this Agreement by a User.
Article 11 – Statute of Limitations
⌛ Our liability ends one year after an incident.
Any liability action against Ready4Sea is time-barred one year after the occurrence of the damaging event.
Article 12 – Mode of exchange between the parties
📧 We prefer to exchange by email rather than by post.
The User acknowledges that the documents (including any connection data) appearing on the Solution shall have full evidential value between the parties. The electronic documents (including their date and time) shall be deemed authentic between the parties in the event of a dispute.
The parties shall give evidential value to their electronic exchanges at the addresses given by each of the parties, as well as to paper exchanges sent to the postal addresses indicated by each of the parties.
Unless otherwise stated, the parties are free to exchange by any of the means of communication referred to in the previous paragraph.
Article 13 – Amendments
♻️ This agreement may change, in which case we will notify you in advance.
Ready4Sea reserves the right to make accessory modifications to the Solution at its own discretion, taking into account the technical adjustments required by these supports, or due to changes in applicable legislation.
In case of modification of the free of charge or nature of the Services offered on the Solution, Ready4Sea undertakes to inform the User as soon as possible by email or by any other appropriate means. The User will be free to subscribe or not to these new Services and/or to proceed with the cancellation of his Subscription to the modified Services.
Article 14 – Intellectual property
🧠 We work hard to offer you this service: please respect the technical and editorial content offered by Ready4Sea. On the other hand, we do not have control over third party content.
14.1 – Respect of intellectual property rights
Ready4Sea retains the intellectual property of all elements used to operate the Solution, and more generally all elements reproduced or used on the Solution are protected under intellectual property law. These include, but are not limited to, the source code, visuals, brands and other information, whether graphic or textual.
Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, without the prior written consent of Ready4Sea, is strictly prohibited. The fact that Ready4Sea does not initiate proceedings as soon as it becomes aware of these unauthorised uses does not mean that it accepts these uses and waives any legal proceedings.
14.2 – Incoming links
Ready4Sea authorises the setting up of a hypertext link to its Content, with the following reservations:
- Ready4Sea Content will not be embedded in the pages of another site (iframe, deeplinking, etc.). It will be accessible by opening a new window.
- The Ready4Sea source will be mentioned and a hypertext link will point directly to the Content in question.
- The information used must be for personal, associative or professional purposes only.
- Any use for commercial or advertising purposes is excluded, except with the express agreement of Ready4Sea.
- These authorizations do not apply to sites and media broadcasting information of a controversial, pornographic nature, inciting racial hatred or any form of discrimination, or which may offend the sensibilities of the majority.
- For other uses, please inquire with Ready4Sea.
14.3 – Outbound links
The Solution may contain links to third party websites that are not controlled by Ready4Sea. Ready4Sea is not responsible for the content of other websites that the User may access from the Solution.
When the User accesses another Web site other than Ready4Sea’s, the User does so at his/her own risk and Ready4Sea is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on such other site, nor for the quality of any products or services offered on such site.
Ready4Sea is providing these links only as a convenience, and the existence of these links does not imply that Ready4Sea endorses or accepts any responsibility for the content or uses of such websites.
14.4 – Limitations
All trademarks and other intellectual property rights on all Content of the Solution (including but not limited to information, text, images, copyrights, designs and models) and on the structure of the Solution belong to Ready4Sea, or have been licensed to Ready4Sea by their owner.
No use of this Content and related intellectual property rights is permitted without the prior express written consent of Ready4Sea. All such rights are expressly reserved.
14.5 – Obligations of the User
The User agrees to respect Ready4Sea’s intellectual property rights on each of the Ready4Sea Services and to ensure that these rights are respected by third parties.
To this end, the User undertakes in particular:
- Not to reverse engineer, decompile or disassemble the computer program(s) and software solution(s), except as expressly authorised by the legislation in force.
- Not to modify, alter, adapt or make any changes whatsoever to the Content or its presentation, nor to the computer program(s) and software solution(s).
- Not to modify, delete or alter in any way and for any reason whatsoever the distinctive signs of Ready4Sea, such as brand name, commercial name, logos, etc. affixed to Ready4SeaApp, its presentation, i.e., not to delete the identification mentions of the Ready4Sea solution.
- Not to remove or alter the names of contributors as they may appear on the Contents or their presentation, nor to the computer program(s) and software solution(s).
- Not to rent, lend or use the computer program(s) and software solution(s) with a view to sharing them or making them available to third parties who are not Users, in the context of time-sharing or contract processing centres.
- Not to use or copy the computer program(s) and software solution(s) in any other way not expressly permitted herein.
The User undertakes to inform Ready4Sea without delay of any infringement of the latter’s intellectual property rights that he/she may observe.
The User acknowledges and accepts that access to the Solution made available by Ready4Sea does not imply any transfer or concession of intellectual property rights (in particular, trademark rights or copyrights) and other rights for the benefit of the User.
It is therefore strictly forbidden to reproduce, distribute, transmit, publish, allow access via a link or hypertext link, or to modify, adapt or correct the Solution in any way whatsoever without the express written permission of Ready4Sea. Any breach of this clause may result in a violation of copyright, trademark or other intellectual property rights that may expose the User to civil and/or criminal sanctions.
Article 15 – Personal Data
The creation of a Profile, whether identifiable or not, implies the collection of a certain amount of personal data from Users. This data may be used by Ready4Sea to send the newsletter to Users and to process all or part of the Services offered.
15.1 – Cookies
The collection of this personal data may be done through the use of “cookie” files entrusted by the server hosting the Solution to the User’s computer equipment, in order to facilitate navigation on the Solution or to establish general statistical data on visits. Although they do not allow direct identification of the User, they my be considered by Data Protection Authorities to be personal data.
Each visitor of the website may refuse the possible storage of these cookies by choosing the appropriate options in their browser. They are invited to do so if they so wish. In this case, browsing experience, the loading of web pages and the implementation of certain applications may be altered.
15.2 – User rights
All boaters have the right to access, modify, rectify and delete their personal data. These rights can be exercised, if necessary, with Ready4Sea.
Article 16 – Interpretation
🧑⚖️ Our rights remain valid even if we exercise some tolerance.
Ready4Sea’s failure to exercise or enforce, at any time, any right granted by this Agreement shall not be construed as an express or implied waiver of the right to exercise or enforce such right in the future.
Article 17 – Severability
✂️ The possible invalidation of a part of the agreement does not affect the rest of the document.
Furthermore, the recognition of the invalidity of a clause shall not affect the validity of the rest of this Agreement and of any other clause. The parties undertake to replace any provision of the Agreement found to be unenforceable or illegal with a provision of equivalent economic effect.
Article 18 – Entirety
↪️ This Agreement supersedes anything we may have previously said to each other, it is simpler that way.
This Agreement contains all the contractual provisions between Ready4Sea and the User concerning the Solution and the Services offered therein, to the exclusion of any previous agreement.
Article 19 – Litigation – Jurisdiction
⚖️ If unfortunately there is a dispute, French law applies.
This Agreement, the Annexes and any document taken in application are subject to French law.
As this Agreement may be available in different languages, only the French version will be used in the event of a dispute. The versions provided in other languages are made available for the convenience of our Users. The translations are deemed to be as faithful as possible, both in intent and in wording
Any dispute in the interpretation and execution of this Agreement shall fall under the exclusive jurisdiction of the Commercial Court of Vannes (Morbihan). The language of proceedings shall be French.
In a nutshell:
1. 🙂 Each word is used with its usual meaning, but sometimes it is better to specify it clearly.
2. ❗️Important: this document is a contract between you and us.
3. 👉 The services offered by Ready4Sea include the use of the mobile application and the browsing of the ready4sea.com website.
4. 🤝 You accept this agreement and you use our solution freely with your own equipment. It is your responsibility to update the application regularly to avoid compatibility problems.
5. 🔑 When registering, please be careful to use a secure password known only by yourself. We will keep you informed of your maintenance reminders, but we will only send you our marketing communications with your consent.
6. 🤖 Do not abuse our solution in order to maintain access and use.
7. 🚨 Only store lawful data on Ready4Sea, and report any abuse to us.
8. 👺 Use the Solution for yourself, without usurping the identity of a third party.
9. 🥀 We will do our utmost to ensure that you have access to Ready4Sea and to propose reliable and quality content. However, there may be shortcomings, for which we cannot be held responsible.
10. 🚫 In case of violation, we may exclude a user.
11. ⌛ Our liability ends one year after an incident.
12. 📧 We prefer to exchange by email rather than by post.
13. ♻️ This agreement may change, in which case we will notify you in advance.
14. 🧠 We work hard to offer you this service: please respect the technical and editorial content offered by Ready4Sea. On the other hand, we do not have control over third party content.
16. 🧑⚖️ Our rights remain valid even if we exercise some tolerance.
17. ✂️ The possible invalidation of a part of the agreement does not affect the rest of the document.
18. ↪️ This Agreement supersedes anything we may have previously said to each other, it is simpler that way.
19. ⚖️ If unfortunately there is a dispute, French law applies.