Berry Boats – On The Water

Terms of Use

These terms set out the rights and obligations of providers who wish to list and promote their activities on our website www.staging.onthewater.co.uk(“our site”). These terms do not apply to end-users who wish to search for activities via our site and be connected with providers. For a copy of the terms relevant to end-users please go to: https://staging.onthewater.co.uk/disclaimer/.

About On the Water and About us
1. On the Water is a site designed to connect end users with on water experiences through a single and easily accessible online portal.
2. On the Water is a trading name of British Marine Federation (company number 02592536) (“we” “us” “our”). If you need to contact us, please use contact details here.

By using our site you accept these terms
1. By creating a provider account on our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site or create a provider account.
2. We reserve the right to amend these terms at any time. We will let you know if we make any changes to these terms, at which point you can decide whether you want to continue using our site. You are responsible for reviewing and becoming familiar with any changes. Your use of our site following the changes constitutes your acceptance of the updated terms.
3. These terms of are subject to our Privacy Policy and which also apply to your use of our site.

Your provider account
1. Our site is open to any company, organisation, trader or firm which provides water-based leisure activities in the UK, subject to the provisions of these terms. We encourage Providers to be members of relevant trade associations or national bodies such as British Marine, the Royal Yachting Association or British Canoeing however we also accept providers who are not members of, or affiliated to, any such bodies.
2. You will use your provider account to list, promote and advertise your services to, and be connected with, end-users. In respect of your provider account, you agree you shall:
  1. remain solely responsible for all activity on your provider account, including protecting your account password;
  2. remain solely responsible for all content uploaded on your provider account. You represent that you have all necessary rights to upload such content;
  3. ensure that all content uploaded and added to your account, such as any text, photos or videos used to represent yourself and your services, is correct and accurate and abides by these terms or any other terms or conditions that we may consider necessary for the proper use of our site;
  4. not create duplicate accounts for the purposes of manipulating our site or end-users on our site;
  5. not coordinate your pricing with other providers or other account holders;
  6. not use your provider account to interfere with, harass or abuse other provider accounts;
  7. directly resolve any disagreements or disputes with end-users in a prompt, legal and fair manner.
If we have any reason to believe that your provider account violates these terms, we may suspend or terminate your provider account with immediate effect.

Your responsibilities
1. In order to uphold the standards of our site and to protect end-users of our site, you agree that you shall:
  1. cooperate with us in all matters relating to your provider account and the services that you list on our site;
  2. provide us with such information as we may reasonably require in connection with you and the activities and services which you list on our site;
  3. ensure that you have in place appropriate safeguarding policies and procedures to protect children and other vulnerable people;
  4. ensure that (where relevant) the activities and services which you list on our site are delivered or overseen by appropriately qualified staff;
  5. ensure that you operate your business and deliver your services and activities safely and in compliance with all applicable laws, statutes, regulations, bye-laws, common law and legally binding judgments and decisions, including but not limited to environmental laws, anti-discriminatory laws and health and safety laws;
  6. refrain from any conduct which could harm our reputation discredit our site, or be harmful to the businesses of our other providers.
2. You must use our site only for lawful purposes. You must not use our site:
  1. in any way that breaches any applicable local, national or international law or regulation;
  2. in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
  3. upload content or create listings which do not comply with our content standards in paragraph 5;
  4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
  5. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
3. You also agree:
  1. not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the these terms;
  2. not to access without authority, interfere with, damage or disrupt:
  3. any part of our site;
  4. any equipment or network on which our site is stored;
  5. any software used in the provision of our site; or
  6. any equipment or network or software owned or used by any third party.

Content Standards
1. These content standards apply to any listing that you create on our site, all material which you contribute to our site and any materials you use (including text and images) to promote your services on our site (“Provider Content”).
2. These standards must be complied with and shall apply to each part of any Provider Content as well as to its whole.
3. We will determine, in our sole discretion, whether Provider Content breaches these standards.
4. All Provider Content must:
  1. be accurate (where it states facts);
  2. be genuinely held (where it states opinions); and
  3. comply with the law applicable in England and Wales and in any country from which it is posted.
5. Provider Content must not:
6. 1. contain any advertising or promote any services which are not related to water-based leisure activities;
  2. infringe someone else’s rights, including their intellectual property rights;
  3. be defamatory of any person;
  4. be obscene, offensive, hateful or inflammatory;
  5. bully, insult, intimidate or humiliate;
  6. promote sexually explicit material;
  7. be dangerous, illegal or abusive;
  8. include child sexual abuse material;
  9. promote violence;
  10. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  11. infringe any copyright, database right or trade mark of any other person;
  12. be likely to deceive any person;
  13. breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  14. promote any illegal content or activity;
  15. be in contempt of court;
  16. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  17. be likely to harass, upset, embarrass, alarm or annoy any other person;
  18. impersonate any person or misrepresent your identity or affiliation with any person;
  19. advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
  20. contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
  21. violate our sites ethical views or values; or
  22. do or represent anything else which we, in our sole discretion, deem to be unsuitable for our site.
You agree that any Provider Content shall conform with and be subject to this paragraph 5.

Uploading content to our site
1. Whenever you upload Provider Content to our site, or to make contact with other users of our site, you must comply with the content standards set out in condition 5. We reserve the right to remove any Provider Content if, in our opinion, it does not comply with those content standards.
2. You warrant that Provider Content does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
3. Any Provider Content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Provider Content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.
4. We also have the right to disclose your identity to any third party who is claiming that any Provider Content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
5. You are solely responsible for securing and backing up your Provider Content.
6. When you upload or post Provider Content to our site, you grant us the following rights to use that Provider Content a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the service provided by our site and across different media including to promote the site or the service to expire when you delete the content from the site or when your provider account is deleted or terminated; and

End-user reviews and content from other providers
1. You acknowledge that our site enables end-users to leave reviews of you and the activities and services which you list on our site (“Customer Reviews”). Whilst we ask end-users to adhere to certain standards in respect of Customer Reviews you acknowledge that we are not liable for any statements, representations or any other content provided by end-users in Customer Reviews.
2. Furthermore you acknowledge that we are under no obligation to screen, edit or monitor any Customer Reviews posted to or distributed through our site.
3. Our site also includes content, information and materials uploaded by other providers which may include content not verified or approved by us.
4. The views expressed by end-users or other providers on our site do not represent our views or values.
5. If you wish to complain about content uploaded by end-users or other providers, please contact us here.

Content on our site
1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws. All such rights are reserved.
2. You may use materials from our site for purposes related to your provider account only.
3. You must not use any part of the content on our site generated by us, our other providers or end users for commercial purposes without obtaining a licence to do so from us or our licensors.

Maintaining our site
1. Our site is designed to promote water-based leisure activities across the UK and to promote the businesses of providers.
2. We shall use reasonable endeavours to manage and maintain our site in accordance with these terms.
3. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
4. We may need to carry out maintenance to our site from time to time to make sure it is operating properly. This may involve temporarily suspending your access to our site. Where such maintenance is not an emergency we will let you know in advance by email and specify the time and date that such planned maintenance will be carried out.

Our responsibility for loss or damage suffered by you
1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
2. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
3. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  1. use of, or inability to use, our site;
  2. use of or reliance on any content displayed on our site;
  3. activities and services you have promoted, marketed and advertised through your provider account;
  4. your interaction with all other third parties on our site including, but not limited to, end-users and other providers; or
  5. all third party services linked to our site that we do not own or control.
4. In particular, we will not be liable for:
  1. loss of profits, sales, business, or revenue;
  2. business interruption;
  3. loss of anticipated savings;
  4. loss of business opportunity, goodwill or reputation; or
  5. any indirect or consequential loss or damage.
5. We shall not be in breach of these terms nor liable for delay in performing, or failure to perform, any of our obligations under these terms if such delay or failure result from events, circumstances or causes beyond our reasonable control.

Your indemnity to us
1. You agree to indemnify and keep us indemnified, to the extent permitted by law, against all liabilities, costs, expenses, fines, penalties, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with your use (or misuse) of our site, your breach of these terms, or you or your Provider Content infringing someone else’s rights.

We are not responsible for viruses and you must not introduce them
1. We do not guarantee that our site will be secure or free from bugs or viruses.
2. You are responsible for configuring your information technology, computer programmes and platform to access our site. You must use your own virus protection software.
3. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site
1. You may link to our home page or your marketplace, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
3. We reserve the right to withdraw linking permission without notice.
4. The website in which you are linking must comply in all respects with the content standards set out in condition 5.
5. If you wish to link to or make any use of content on our site other than that set out above, please contact us here.

Termination
1. You may terminate this contract and acceptance of its terms at any time by cancelling your provider account.
2. We may terminate your use of our site at any time if we believe that you, your provider account, your services or your use of our site is violating these terms or any other terms on our site.
3. Upon termination you will have no contractual or legal right to continue to use all or any part of our site.
4. We will notify you by email if we are terminating your account, unless we are legally prevented from doing so.

Miscellaneous
1. These terms do not create any agency, partnership, employment or franchisee relationship between you and us.
2. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You shall not assign, transfer, mortgage, charge, subcontract, delegate or deal in any other manner with any of its rights and obligations in these terms.
3. If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these terms.
4. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
5. These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Privacy Policy

British Marine Federation – Privacy Notice

British Marine Federation (“BMF”, “We” or “us”) is a membership organisation that represents and promotes the interest of its members in the leisure, superyacht and small commercial marine industries. Our company registration number is 02592536 and our registered office address is Marine House, Thorpe Lea Road, Egham, Surrey TW20 8BF

The Data Controller

Any organisation that holds data about you and decides how it is used is a “Data Controller”. We are a Data Controller in respect of the information that you have given us about yourself or that we may be given by anyone else. We can be contacted by post at Marine House, Thorpe Lea Road, Egham, Surrey TW20 8BF or by email at dataprotection@britishmarine.co.uk.

Personal Data

Personal data means any information about an individual from which that person can be identified. It does not include data where your identity has been removed or which not associated with or linked to your personal data (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you, including your: name, address, telephone number, email address, financial data such as your payment details, photographs, videos, CCTV images, or technical data collected using cookies or similar technology.

We hold personal data on three categories of individuals:

Members of BMF: e.g. sole traders or partnerships.
The representatives of corporate members of BMF. References in this privacy notice to the personal data of a member include the personal data of the representative of a corporate member.
Non-members.

How We Collect Personal Data

We use different methods of collecting personal data from and about you including through:

Direct interactions with you.For example, you may give us personal data by applying for membership, corresponding with us by post, telephone, email, or via our website, or if you otherwise use our services.
Third parties. For example, if you are an employee of one of our members, that member may provide us with your contact details.Alternatively, we may receive personal data from third parties such as non-members who may make a complaint against a member, or credit agencies etc.
Automated technologies or interactions. As you interact with our website, we may automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive technical data about you if you visit other websites employing our cookies.

The Legal Basis for the Processing

We will only use your personal data when the law allows us to. We may collect and process the personal data about you for the following purposes:

Purpose of the Processing	Nature of the Personal Data	The Legal Basis for the Processing
To receive and consider an application for membership	Name, address, telephone number, email address	The processing is necessary to take steps at your request prior to entering into a contract with you (i.e. the contract of membership).
To manage BMF and its membership.	Name, address, telephone number, email address	If you are a representative of a member, the processing is necessary because it is in our legitimate interest in running the BMF, the provision of administration and IT services, network security, to prevent fraud and for compliance with our legal obligations, and/or the legitimate interest of a third party (the member).
To provide information about us, regional and group associations, events, courses and membership benefits and news about the marine industry	Name, address, telephone number, email address	If you are a member, the processing is necessary for the performance of a contract to which the data subject is a party (i.e. the contract of membership), or for our legitimate interests in furthering the interests of the BMF and otherwise growing and developing the BMF and its membership. If you are a non-member, with your consent (i.e. if you sign up to receive our newsletter or other marketing communications).
To maintain the statutory books of British Marine Federation, to make returns to Companies House and to send you notice of general meetings of BMF.	Name and address	The processing is necessary to comply with a legal obligation to which we are subject.
To process payments to us for membership or other services	Details of your bank account and card details	The processing is necessary for the performance of a contract with you (i.e. the contract of membership or a contract for other services)
To ensure the security of the event and the safety of those attending	A record of your attendance at our events	The processing is necessary for the purposes of our legitimate interests and those of others attending the event in ensuring that the event is safe.
We take photographs, videos and sound recordings at certain events and we may use photographs of you or which may include you in promotional and marketing activities on our website, in our newsletter and on social media channels	Photographs, videos and sound recordings taken at certain events	The use of photographs, videos and sound recordings taken at certain events is necessary in our legitimate interests to promote and advertise our events and activities.
To administer any competition run by us including any promotion of a competition win.	Name, address, telephone number and email address.	The processing is necessary for the purposes of our legitimate interests in administering the competition including receiving entries, responding to enquiries and notifying prize winners.
We have a CCTV system at our offices in the interests of the security of the premises and the safety of our staff	CCTV images	The processing is necessary in our legitimate interest and that of our staff in crime prevention, security and safety.
To investigate your complaint	If you are not a Member but have made a complaint about a member, we will take details of your name, address, telephone number, email address and the nature of your complaint	The processing is necessary in our legitimate interest in investigating and handling and responding to complaints received by the BMF in accordance with our complaints procedure.
To enable you to set up a member account on our website so that we can identify you as an account holder	name, Email Address, Member, Address, your username and password.	The processing is necessary in the performance of our contract with you (i.e. the contract of membership).
To respond to enquiries or requests for information.	Name, address, telephone number and email address	The processing is necessary to take steps at your request prior to entering into a contract with you (i.e. the contract of membership), or for our legitimate interest in engaging with those who make enquiries of us.
For the purpose of website analytics.	The use of cookies to record of your IP address and your use of our website	This processing is necessary for understanding the number of visitors to the various parts of our website, to help us to improve the content of the website and to customise the content or layout of the website for visitors, in accordance with our legitimate interests including keeping our website updated and relevant, to develop our organisation and to inform our marketing strategy.

We may also use personal data which you provide to us, where the law allows us to do so, as follows:

To deal with and/or respond to any enquiry or request made by you prior to entering into any contract with us or as a result of such contract.
Where we need to perform the contract we are about to enter into or have entered into with you.
Where we need to comply with a legal or regulatory obligation, including the prevention of crime.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

Where we process personal data on the basis of a legitimate interest, as set out in this privacy notice, legitimate interest means the interest of the BMF in conducting and managing our organisation to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Recipients of Your Personal Data

If you are a potential member, we will share your data with any regional or group association that you have applied to join, in order to assess your application.

Where you are a member, we will disclose your data recorded in our statutory books with anyone who exercises their right to inspect the books.

If you become a director of BMF, your name address and occupation will be provided to Companies House.

If you are a member of the public who has made a complaint about one of our members we will need to disclose your identity and the details of your complaint to the member in order to investigate your complaint but we will only do so with your consent.

If You Fail to Provide Personal Data

If you do not provide us with the personal data that we request when we are considering your application for membership, we will be unable to consider the application. If we do not maintain our records of membership, you will not receive information from us, news of our events or be able to access membership benefits.

Consent

If the way in which we use your personal data is based upon your consent, you may withdraw your consent at any time. If you wish to withdraw your consent, please let us know in writing by post to us at Marine House, Thorpe Lea Road, Egham, Surrey TW20 8BF or by email at dataprotection@britishmarine.co.uk. Please note that this will not affect the lawfulness of any processing carried out before you withdraw your consent.

If you withdraw your consent, we may not be able to provide certain products or services to you, but we will advise you if this is the case at the time you withdraw your consent. You can also ask us to stop sending you marketing messages at any time by following the “unsubscribe” (or similar) links on any marketing message sent to you or by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a service experience or other transactions.

How Long Will Your Data be Kept?

If an application for membership is unsuccessful, we will delete your data 6 months after we have communicated the decision to you.

If you are a member we will delete your bank account details immediately on the termination of your membership. We will keep a record of your membership for 12 months after your membership ends.

If you are not a member but provide us with your card or bank account details for any services such as publications, events, training courses etc.

CCTV images will be deleted or overwritten 28 days after the have been recorded unless they are required in connection with an investigation when they will be deleted at the conclusion of the investigation or any subsequent proceedings.

All other data will be deleted within 12 months of collection.

If any data is required in connection with any legal proceedings it will be deleted on the conclusion of those proceedings.

Your Rights in Relation to Your Personal Data

Under certain circumstances, by law you have the right to:

Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are processing it lawfully.

Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).

Object to processing of your personal information where we are relying on our legitimate interest) and there is something about your particular situation which makes you want to object to processing on this ground.

Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.

Request the transfer of your personal information to another party e.g. if you wish to move to another home.

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact us at Marine House, Thorpe Lea Road, Egham, Surrey TW20 8BF or by email at dataprotection@britishmarine.co.uk. You will not have to pay a fee to access your personal data or to exercise any of your other rights. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Complaints

If you are dis-satisfied with the way in which we have dealt with your personal data, you have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues, (see www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

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