Terms & Conditions
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations.
By accessing or using the Wakesharing Platform, you agree to comply with and be bound by these Terms.
Thank you for using Wakesharing!
These Terms constitute a legally binding agreement (“Agreement”) between you and Wakesharing (as defined below) governing your access to and use of the Wakesharing website, including any subdomains thereof, and any other websites through which Wakesharing 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, “Wakesharing Services”).
The Site, Application and Wakesharing Services together are hereinafter collectively referred to as the “Wakesharing Platform”.
Scope of the terms and conditions
These terms and conditions (the “Conditions”) govern the terms of access and use of the WakeSharing application (the “Application”), the website www.wakesharing.com (including any other relevant extensions) (the “Website”) and any other service made available through these electronic platforms (the Application, the Website and the services, together the “Services”) by WakeSharing SARL, the creator and owner of all intellectual property rights relating to the WakeSharing business concept (the “Concept”) and to the registered trademarks related to it (“WakeSharing”).
The Conditions apply to Services provided both to users with small boats (the “Service Provider”) and offering water sports of all kinds (the “Activities”), and also to users receiving said services (the “User”, a User and a Service Provider, each a “Customer”). Service Providers are, alternatively, persons or entities offering their services on a professional basis (“Professional Service Providers”) or individuals who, in the context of pursuing a hobby, have unoccupied places on board that they offer to Users (“Individual Service Providers”). The Conditions apply to relations between the Service Providers and the Users, subject to the specific conditions to which the Professional Service Providers submit their Activities, of which they inform the Users, who accept them if necessary, and for which WakeSharing cannot be held responsible. The Activities and Services are subject to charges and the pricing conditions applicable to them are shown on the Website and/or the Application. The User’s attention is drawn to the fact that the Services are not subject to charges for 2017, but that WakeSharing reserves the right to change this condition in subsequent years.
Acceptance of the Conditions and the Contract
Use of the Services is subject to unconditional acceptance of the Conditions, which establishes a contractual relationship between a Customer and WakeSharing (the “Contract”). Use of the Services by the Service Provider is also subject to the latter choosing a subscription formula (see Clause VIII. “Payment”).
The Customer understands and agrees that, under Swiss law, access to the Services is restricted to adults (18 years old). The Customer confirms that he is of age and undertakes not to allow minors to be able to access the Services and the Activities without his approval and supervision.
Customer Account & data protection
The Customer understands and agrees that use of the Services involves opening a customer account and the communication of personal data by the Customer to WakeSharing (surname, first name, address, mobile phone number, email address, information regarding the payment method chosen, etc.).
In addition to the general information as identified in figure III.1, Service Providers are permitted to open a customer account, provided that they fulfil the following conditions: (i) hold a valid navigation licence in the place where the Activities are offered, (ii) be the owner or renter of the boat or be expressly authorised to use it and (iii) have valid third-party insurance.
The Customer undertakes to keep his account data current and not to transfer his account to a third party. The Customer acknowledges that he is solely responsible for the activity carried out through his account, whether he is the author thereof or not, and he therefore accepts the risks arising therefrom.
The Customer authorises WakeSharing to contact him by telephone, SMS, email or any other useful means in relation to the use of the Services.
The Customer understands and agrees that certain information, indications or content (including photography) that he provides in order to access the Services may constitute personal identifying data. By using the Services, the Customer expresses his explicit consent to the processing of such data by WakeSharing or third parties designated by WakeSharing (or to the services to which the Services refer) and assumes exclusive responsibility for this. In addition to being able to access his account, the Customer may, at any time, ask WakeSharing to access his information so as to modify or delete it. The Customer shall expressly refrain from copying, reproducing or otherwise using content relating to other Customers.
[The Customer understands and agrees that, in the framework of the Services and Activities, the following data will be available to the other Customer: The Customer understands and agrees that some of the data referred to in clause III.1 that he has submitted to WakeSharing may be made available to another Customer, but only in order to allow the Activities to be held.
Guarantees and obligations of Customers
WakeSharing hereby reiterates that it merely matches Customers through the Services and that it does not, therefore, offer any guarantees, nor is it bound by any obligation as to the Activities or in relation to them. The following guarantees and obligations apply, subject to any more favourable specific conditions proved for by the Professional Service Providers and applying to the Activities they offer Users through the Services, or that they communicate directly to them.
Authorisation, compliance with the legislation, behaviour and safety
Each Customer confirms that he holds and agrees to hold at all times any permits or authorisations of any kind (administrative, police, medical or other) necessary or desirable for the conducting of the Activities.
The Customer undertakes to comply at all times with any applicable laws or orders when using the Services and during Activities. In particular, but without limitation, the Customer agrees to comply with any law applicable to navigation and to behave at all times in an objectively careful and responsible manner during Activities.
The User agrees to comply with the Service Provider’s orders during the Activities. WakeSharing reminds Customers that it does not ensure their safety during the Activities and that it assumes no responsibility regarding the matter. Therefore, without recognising any responsibility whatsoever, WakeSharing reminds Customers that it is their responsibility to take the necessary precautions during their meetings and during the Activities (for example, ensuring that the Service Provider or the User has the skills and ability to navigate, making sure that the small boat is in good condition, ensuring that there is safety equipment on board, guarding against weather risks throughout the duration of the Activities, ensuring that you have appropriate personal navigation equipment, ensuring that the necessary insurance policies for the Activities have been taken out or making sure that you inform a third party on land of the details of the Activities planned and give him the Service Provider’s contact details). If a Customer finds a factual element that objectively makes him doubt his safety during the Activities, WakeSharing asks him to report it to the other Customer with a view to remedying it, to document it, if applicable, and, if doubt persists, to stop participating in the Activities. WakeSharing assumes no liability whatsoever to any Customer if he stops conducting an Activity or stops participating in it.
In the event of a breach of the commitments covered by this clause IV. or any clear and proven breach (at WakeSharing’s sole discretion) of any applicable law or rules of care by a Customer, WakeSharing may terminate the Contract, with any money paid to WakeSharing also remaining acquired by WakeSharing.
The Customer undertakes not to compete with WakeSharing and, in particular, without limitation, not to try to contact or contact another Customer, directly or indirectly, in order for them to enter into contractual relations to provide services similar to those offered by WakeSharing outside of the electronic platform made available by WakeSharing. The Customer therefore expressly agrees not to contact another Customer directly or indirectly, in order to organise water activities against remuneration with him. The Customer agrees to repair any damage (direct or indirect, including legal fees) that the breaching of this obligation may cause to WakeSharing.
Waiver of legal action against WakeSharing
If Customers are involved in a dispute with each other, the Customer waives the right to sue WakeSharing, or any other procedural possibility aimed at involving WakeSharing in the dispute in any way whatsoever.
Compensation for WakeSharing from a Customer
The Customer agrees to compensate WakeSharing (and its employees and agents) in full for any damage, action, claim, loss, liability and expense (including legal fees) linked or relating to the use of the Services by the Customer or to an Activity in which a Customer has taken part; (ii) a breach or violation by the Customer of any of these Conditions; (iii) the use of the Customer’s account by WakeSharing; or (iv) a violation by the Customer of the rights of any third party, including another Customer.
Licence and intellectual property rights
Subject to strict compliance with the Contract, WakeSharing grants the Customer a limited, non-exclusive, non-sublicensable, revocable and non-transferable licence to access and use the Application on his mobile phone or digital tablet for everything that has to do with the use of the Services and for the term of the Contract only.
The Customer acknowledges and accepts that apart from the aforementioned licence, he has no intellectual property rights of any kind whatsoever in relation to the Services or the Concept. Without limitation, the Customer acknowledges that trademarks registered in relation to the Concept, as well as the logos, graphics, photographs, animations, videos and texts contained on the Website and in the Application, are the intellectual property of WakeSharing or its partners and may not be reproduced, used or represented without the express written permission of WakeSharing or its partners. The Customer shall refrain, in particular, from (including attempts to do so) modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing in any way the Services, the pages of the Website, or the computer codes of the component elements of the Application and the Website.
Exclusion of guarantees and liability by WakeSharing
WakeSharing does not provide any guarantee, either express or implied, to the Customer under the Contract. Any legal guarantee is, if necessary, also declined to the broadest extent permitted by the applicable law. WakeSharing cannot be held liable for any direct or indirect damage of any kind whatsoever that the Customer incurs in connection with the Services and Activities, and the Customer accepts this unreservedly. The Customer’s attention is therefore drawn to clause IV. E. (Compensation for WakeSharing from a Customer). Without prejudice to the above, each Customer’s attention is also expressly drawn to the following exclusions of liability.
WakeSharing does not guarantee the quality of the Activities, their punctuality, their suitability for a particular purpose or their availability. In particular, WakeSharing cannot be held responsible for delays during an Activity or for the cancellation of an Activity.
WakeSharing provides no guarantee as to the safety of Customers while conducting Activities or the ability of the Service Providers to conduct such Activities. The Customer acknowledges and accepts the risks associated with the practice of water activities and assumes them in full.
WakeSharing provides no guarantee of any kind whatsoever as regards the security of the data or the reliability of the information that Customers publish through the Services. The Customer understands and agrees that he alone takes the initiative to disclose and disseminate information, data, texts, content and images concerning him through the Services and that, as a result, he assumes all risks and waives any claims against WakeSharing on any legal basis whatsoever.
WakeSharing does not guarantee that the Services may be operated on any technological device or that the Services are continuously or immediately available. The Customer is responsible for access to the data network used to use the Services. He bears the costs of data traffic from the fixed or mobile network that he uses to access the Services. The Customer is responsible for the compatibility and the updating of the equipment that he uses to access the Services.
Payment, Duration & Termination
The Service Provider concludes a weekly, monthly or seasonal subscription with WakeSharing and agrees to pay the costs of the chosen subscription to WakeSharing in accordance with the terms displayed on the Website.
The uploading of the Service Provider’s profile and the use of the Services by the Service Provider are subject to the receipt, by WakeSharing, of the payment of subscription fees.
This Contract is concluded between WakeSharing and the Service Provider for the subscription period chosen by the Service Provider. With the exception of the weekly subscription, which ends automatically, any other type of subscription is renewed for an identical term if no written cancellation is sent to this email address: [email protected], fifteen (15) days before the end the said subscription, which corresponds to the calendar day of the date on which the Contract is concluded. If this day is a public holiday or non-working day at WakeSharing’s head office, the term is postponed to the next working day.
This Contract is concluded for an indefinite period between the User and WakeSharing. Both WakeSharing and the User may terminate this Contract at any time and without notice. Any compensation for the User from WakeSharing is excluded.
Without prejudice to the other provisions of the Contract, in the event of a breach of any of the Conditions by a Customer, WakeSharing reserves the right to terminate the Contract without notice and without compensation.
WakeSharing may also cease to offer the Services at any time and for any reason whatsoever without compensation or prior warning to the User. The right of a Service Provider to obtain a refund of the balance of its subscription is reserved.
This Contract (whose Conditions are an integral part thereof) constitutes the entire agreement between the parties and replaces all previous written or oral communications, representations or agreements The specific conditions provided by Professional Service Providers applying, as the case may be, to the Activities, and which have been accepted by the Users, are not enforceable against WakeSharing.
WakeSharing may change the Conditions at any time, with any subsequent use of the Services by the Customer constituting acceptance of the revised Conditions.
WakeSharing may assign this Contract, in whole or in part, as well as any rights and claims arising therefrom, to a third party without the prior consent of the Customer.
The Customer waives any right of compensation for payments due under the Contract and agrees to pay any amounts due under the Contract, regardless of any compensatory claims or counter-claims he may have against WakeSharing.
The Customer may not assign this Contract, in whole or in part, as well as any rights and claims arising therefrom, to a third party without the prior written consent of WakeSharing.
If any provisions of this Contract are found to be invalid, the remaining provisions of the Contract shall remain valid and shall continue to bind WakeSharing and the Customer.
The fact that WakeSharing does not demand the fulfilment or performance of any of the provisions of the Contract does not in any way mean that it has waived the benefit of said provision, nor does it affect the validity, in whole or in part, of this Contract or of WakeSharing’s right to request the enforcement of each of those provisions.
This contract is subject to Swiss law, excluding its conflicts-of-law rules.
Subject to mandatory jurisdiction, the courts of the Republic and Canton of Geneva (Switzerland) shall have jurisdiction for any disputes relating to the Contract, subject to appeal to the Federal Court in Lausanne.
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this
Types of Data collected
Method and place of Data processing
The Owner has appropriate security measures in place to prevent unauthorised access, disclosure, modification or destruction of the Data. The Data is processed using computers or information technology equipment according to the organisational methods and procedures closely linked to the stated purposes. In addition to the Owner, the Data may in certain cases be accessed by certain categories of people involved in the functioning of this Application (administration, sales, marketing, legal service, system administration) or by external parties (such as third-party suppliers of technical services, messaging services, hosting, information technology companies, communication agencies) designated, if necessary, by the Owner as Sub-contractors. The updated list of these parties may be requested from the Owner at any time.
Legal basis of processing
The Owner may process a User’s Personal Data if one of the following conditions applies: Users have given their consent for one or more specific purposes, particularly: according to certain legislation, Owners may be authorised to process Personal Data until the User opposes this (“opt-out”), without having to depend on the consent or one of the following legal bases. However, this condition does not apply when processing Personal Data is subject to European data protection law; provision of Data is necessary for an agreement with the User to be made or for all pre-contractual obligations to be fulfilled; processing is necessary to comply with a legal obligation to which the Owner is subject; processing is linked to a task carried out in the public interest or in the exercise of public authority vested in the Owner; processing is necessary for the purposes of legitimate interests pursued by the Owner or a third party. In any event, the Owner will willingly help you clarify the specific legal basis which applies to the processing, and in particular, if the provision of Personal Data is a legal or contractual requirement or required to conclude a contract.
Place of processing
Data is processed at the Owner’s registered office and in any of the other places where data controllers are located. According to the User’s location, transfers of data may involve the transfer of the User’s Data to a country other than their own. To find out more about the place where such transferred Data is processed, Users may consult the section containing details on Personal Data processing. Users also have the right to know the legal basis of Data transfers to a country outside the European Union or to another international organisation governed by public international law or created by two or more countries, such as the UN, as well as security measures taken by the Owner to safeguard their Data. If such a transfer is made, Users may find out more by consulting the corresponding sections of this document or by obtaining information from the Owner using the information provided in the contact section.
Personal Data is processed and stored for as long as required for the purpose for which it was collected. Consequently, the Personal Data collected for purposes related to the performance of a contract between the Owner and the User must be stored until the contract has been fully performed. Personal Data collected for the purposes of the Owner’s legitimate interests must be stored as long as necessary to achieve these objectives. Users may find specific information concerning the Owner’s legitimate interests in the corresponding sections of this document or by contacting the Owner. The Owner may be authorised to store Personal Data for a longer period of time whenever the User has consented to such processing, provided that this consent is not withdrawn. Furthermore, the Owner may be obliged to store Personal Data for a longer period of time whenever this is required to fulfil a legal obligation or as ordered by an authority. Once the period of storage expires, the Personal Data will be deleted. Consequently, the right to access, erase, correct and port the data may not be applied after expiry of the storage period.
Purposes of processing
The User’s Data is collected in order to allow the Owner to provide its Services, and for the following purposes: location-based interactions, contact management and sending of messages. Users can find more information on the purposes of this processing and on the specific Personal Data used for each purpose in the respective sections of this document.
Detailed information on the processing of Personal Data
Personal Data is collected for the following purposes using a number of services:
Contact management and sending of messages
This type of services manages a database of email addresses, telephone numbers and any other contact details for communicating with the User. These services also collect data about the time and date the User viewed a message, the time when the User interacted with the message by, for example, clicking on the links included in the message.
Firebase Notifications (Google LLC)
Users may exercise certain rights over their Data processed by the Owner. In particular, Users have the right to do the following: withdraw their consent at any time. Users have the right to withdraw their consent if they have already consented to the processing of their Personal Data. Object to the processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a different legal basis from that consented to. Clarifications have been added in the corresponding section below. Access their Data. Users have the right to know whether the Data is processed by the Owner, to obtain information on certain aspects of the processing and to obtain a copy of the Data being processed. Verify and obtain a correction. Users have the right to verify the accuracy of their Data and to request that it is updated or corrected. Limit processing of their Data. In certain circumstances, Users have the right to limit the processing of their Data. In this case the Owner will only process their Data to store it. Have their Personal Data deleted or erased. In certain circumstances, Users have the right to have the Owner erase their Data. Recover their Data and transfer it to another data controller. Users have the right to recover their Data in a format that is structured, commonly used and machine-readable and, if technically possible, to transfer it to another data controller without let or hindrance. This provision applies, provided the Data is processed by automated methods and the processing is based on the User’s consent, on a contract to which the User is party or on pre-contractual obligations. File a complaint. Users have the right to file a complaint regarding data protection with their competent authority.
Information concerning the right to object to processing
When Personal Data is processed in the public interest, in the exercise of an official authority vested in the Owner, or for the purposes of legitimate interests pursued by the Owner, Users may object to this processing by providing a reason based on their particular situation justifying this objection. However, Users should be aware that if their Personal Data is processed for the purposes of direct marketing, they may object to this processing at any time without any justification. In order to find out whether the Owner processes Personal Data for direct marketing purposes, Users may refer to the corresponding sections of this document.
How to exercise these rights
Any request to exercise User rights may be addressed to the Owner using the contact details provided in this document. These requests may be made freely and will be reviewed by the Owner as soon as possible and always within one month from the request being made.
Additional information on the collection and processing of Data
As a result of inappropriate use of this Application or connected Services, the User’s Personal Data may be used by the Owner in court for legal purposes or may be used to guide stages of a legal action. The User is aware of the fact that the Owner may be called upon to reveal Personal Data as a consequence of a request made by a public authority.
Additional information concerning the User’s Personal Data
System logs and maintenance
For operating and maintenance purposes, this Application and any third-party service may collect files that record interactions with this Application (system logs) or use other Personal Data for this purpose (such as the IP address).
Information not included in this policy
Additional information concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please use the contact details at the start of this document.
How “Do not track” requests are processed
Legal definitions and references
Last updated: 25 October 2018