Holimood.com (Referred as “Holimood”, “we”, “us”, or “our” in the following content) is a website that provides a platform for connecting Vessel owners (who list vessels to rent on our site) and Guests (who seek to rent the listed vessels). This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By visiting, using or otherwise dealing with the Services, you agree to the Terms, whether or not you become a User. If you do not agree to these terms, please immediately stop using the Services and leave this Site. Holimood may amend this agreement from time to time. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
1. Use of the website
As a condition of your use of this Website, you warrant that
(i) you are at least 18 years of age,
(ii) you possess the legal authority to create a binding legal obligation,
(iii) you will use this Website in accordance with this Agreement,
(iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act,
(v) all information supplied by you on this Website is true, accurate, current and complete.
2. Vessels Listings
(i) You may list your vessels on Holimood. You should fill in the basic information including the vessel size, point of embarkation, rental hours, facilities on the vessel and other relevant information.
(ii) All information you fill in should be valid as your listings are public information on the site. Users may book your vessel based on the information you provided on the listing.
(iii) You agree that once a booking has been confirmed by you, the price for the corresponding booking cannot be changed.
(iv) You acknowledge and agree that you are responsible for any and all Listings you post. You represent and warrant that your Listings and the booking of and guest stays at the vessel in your Listing (a) do not breach any agreements, (b) comply with all applicable laws including zoning laws, and (c) do not conflict with the rights of third parties. Holimood is not responsible and has no liability for a vessel owner’s compliance with any agreements, applicable laws or third party rights.
(v) You are solely responsible for your own acts and omissions and for those of any individuals who reside at or are otherwise present at the vessel because of your request or invitation, including guests. You are strongly encouraged to obtain appropriate insurances for your vessels.
(vi) You understand and agree that Holimood does not act as an insurer or as a contracting agent for you as a vessel owner.
3. Holimood’s Role
(i) Holimood is not an owner or operator of any vessels. Holimood does not sell, resell, furnish, provide, rent, license, manage or control the vessels.
(ii) Holimood is not an agent representing vessel owners or guests of any kind of vessels listed on the website.
(iii) Holimood operates the site, which provides an online platform for both vessel owners and guests to meet, arrange for and book vessel and deal with each other. Holimood works with vessel owners to help market their listings to its community of users, and Holimood provides functions that enable guests and vessel owners to decide on booking offers and acceptance respectively.
(iv) Holimood, as the operator of the marketplace that is the site, also provides additional services to users, including: (a) facilitating payment transactions between guests and vessel owners; (b) enforcing the applicable cancellation and refund policies when appropriate; and(c) providing customer support to help answering questions from and resolve issues encountered by users.
4. User Verification
Although Holimood requires all users to provide valid and accurate information, user verification on the Internet is difficult and we cannot and do not assume any responsibility for, the confirmation of each user’s purported identity. It is recommended that users should communicate through the tools available on the website even this cannot assure you of the identity of the person you are communicating with.
5. Booking and Payment
(i) As a vessel owner, you should reply (either confirm or reject) the booking request within 24 hours of the guests’ requisitions. Booking will be automatically cancelled if we do not receive your reply after 24 hours. If you accept the booking request, a confirmation message will send to your Holimood account from us.
(ii) We do not impose a listing fee on vessel owners now. Nevertheless, we reserve the right to charge the vessel owners for listing vessels on Holimood in the future. Holimood will notify vessel owners in advance if there are any changes on the collection of listing fees. In each transaction, Holimood will collect a small portion of the transaction amount from vessel owners as service fee in each successful booking.
(iii) The fees displayed in each listing are comprised of the vessel rental price and booking service fee. The vessel rental price and service fees are collectively referred to the term “total fees”. The amounts due and payable by a guest solely relating to a vessel owner’s boat rental and service are the “vessel rental price”. Most likely, the vessel rental price includes the rent of the vessel and extra service fee. The vessel owner solely determines the vessel rental price and the amount is transferred to the vessel owner. Booking service fee is the fee collected by Holimood in each transaction.
(iv) As a guest, after receiving confirmation of your booking request from the vessel owner, your booking is confirmed. If you wish to make any changes or cancel the booking. You can alter or cancel your booking according to the cancellation policy.
(v) For guests, a portion of the vessel rental will be collected as booking fee which is the amount that Holimood charges the guest in each transaction. Holimood will keep the total fees at the time of booking confirmation and transfer the payment (total fee less booking fee) to the vessel owners after the date of boat trip. The vessel owners will receive the payment before the first 7 working days of the next calendar month.
(vi) In some instances, guests may be required to make recurring, incremental payments toward the total fees owed for a confirmed booking before the date of boat trip (collectively, “recurring payments”). More information on recurring payments will be made available via the site, application and services, if applicable. If recurring payments apply to your payment obligations for total fees owed for a confirmed booking, you authorize Holimood, on behalf of the vessel owners, to collect the total fees in the increments and at the frequency associated with the applicable recurring payments, identified on the site, application and services.
(vii) Holimood provides a feature through which users may view vessel rental price and fees in currencies other than Hong Kong dollars. Amounts listed in currencies other than Hong Kong dollars are for information only and do not represent the exchange rates or amounts applicable to your payments. All fees are payable in Hong Kong dollars.
(viii) Holimood is not responsible for collecting security deposits for vessel rentals. No transaction of security deposit is allowed through the services provided by Holimood.
(ix) For taxes, both guests and vessel owners are solely responsible for determining your own taxes arising out of or in connection with our services. Holimood do not provide any tax advice to both parties.
(x) Hong Kong dollars are the main currencies used in the transaction. Currencies other than Hong Kong dollars used in transaction is subject to the currency conversion rate and the corresponding processing costs are not refundable.
(xi) The vessel owners, not Holimood, are solely responsible for honoring any confirmed bookings and making available any vessels reserved through the site, application and services. If you, as a guest, agree to enter into a transaction with a vessel owner for the booking of vessel, you agree and understand that you will be required to enter into an agreement with the vessel owners and you agree to accept any terms, conditions, rules and restrictions associated with such vessel imposed by the owners. You acknowledge and agree that you, and not Holimood, will be responsible for performing the obligations of any such agreements, that Holimood is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Holimood disclaims all liability arising from or related to any such agreements.
(xii) Each vessel owner hereby appoints Holimood as their limited agent solely for the purpose of collecting payments made by guests on behalf of the vessel owner. Each vessel owner agrees that payment made by a guest to Holimood shall be considered the same as a payment made directly to the vessel owner and the vessel owner will make the vessel available to guest in the agreed upon manner as if the vessel owner has received the vessel rentals. Each vessel owner agrees that, Holimood may, in accordance with the cancellation policy selected by the vessel owners and reflected in the relevant listing, (i) permit the guest to cancel the booking and (ii) refund to the guest that portion of the vessel rentals specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the vessel owner, Holimood assumes no liability for any acts or omissions of the vessel owners.
(xiii) We use PayPal as a third-party payment system. We do not retain any payment card information. Any and all payments or fees charged by third-party service providers such as PayPal shall be borne by the users themselves unless otherwise stated.
(xiv) Holimood also accept other payment method such as bank transfer and cash payment.
6. Intellectual Property Rights
(i) Our intellectual property: Material on our site (including the name and style of Holimood but excluding third-party content) is protected by rights of publicity, copyright, trademark, trade secret and other applicable proprietary rights and intellectual property laws. Except as expressly authorized by us, you shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, display, perform, publish, adapt, edit, create derivative works from or otherwise deal with these material.
(ii) Use of our intellectual property: You may not retrieve data or other content from our site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or similar, whether by manual methods, through the use of bots, crawlers, spiders or otherwise. You may not display any portion of the site in a frame or any content from our site through in-line links, unless we have provided our prior written consent which you may request at firstname.lastname@example.org. You may establish ordinary links to the homepage of our site without our written permission and use embedded html widgets, if we have provided them.
7. Prohibited Activities
The license to use the website only extends to the uses expressly described herein. The content and information on this website (including, but not limited to, price and availability of vessel rentals), as well as the infrastructure used to provide such content and information, are proprietary to us or our suppliers and providers. You agree not to otherwise modify copy, distribute, transmit, display, perform, reproduce, publish, license, create, derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this website. Additionally, you agree not to:
(i) Use this website or its contents for any commercial purpose;
(ii) Make, or use the website to make, any speculative, false, or fraudulent reservation, reservation request or any reservation in anticipation of demand;
(iii) Access, monitor, reproduce, upload, republish, distribute, transmit, display or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iv) Violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website;
(v) Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure, adversely affects the performance of the website, or infringes on our copyright or the copyright of our suppliers;
(vi) Deep-link to any portion of this website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission;
(vii) “frame”, “mirror” or otherwise incorporate any part of this website into any other website without our prior written authorization;
(viii) Take any action that may undermine the feedback or ratings systems, including posting false, inaccurate or misleading feedback, ratings and reviews;
(ix) Sell, offer for sale, transfer, or license any portion of the website in any form to any third parties; or
(x) Post or transmit any spam, false, inaccurate, misleading, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by this agreement.
8. Cancellations and Refunds
If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Vessel owner, Holimood will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or at the date of boat trip, the cancellation policy of the Vessel owners contained in the applicable Listing will apply to such cancellation. Our ability to refund the vessel rentals and other amounts charged to you will depends upon the terms of the applicable cancellation policy. Details regarding on refunds and cancellation policies are available on the Site and Application.
If a Vessel owner cancels a confirmed booking made via the Site, Services, and Application, Holimood will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation. Punishment may be imposed to the vessel owners according to the cancellation policy so as to compensate the loss of the guests.
9. Local and International Laws
Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Hong Kong or the country in which you reside, as well as all laws relating to vessels and the use thereof.
10. Disclaimer of Warranties; Limitation of Liabilities
(i) You expressly agree that the use of services provided by Holimood is at your sole risk. Those information, goods and services are provided on an “as is” and “as available” basis.
(ii) Holimood expressly disclaims all warranties or representations of any kind, whether express or implied, including but not limited to warranties of title, merchantability and quality, fitness for a particular purpose and no infringement of any rights of the third party.
(iii) Holimood makes no guarantee that the information, goods and services will meet your requirements, or that the said information, goods and services and their use and results will be free from interruption, timely secure, accurate, safe, reliable or error free. Holimood also makes no warranty that any defects in software and hardware will be corrected.
(iv) Holimood also makes no warranty as to results or quality of any information or services obtained or purchased from or through our website or applications.
(v) In no event Holimood, or any party involved in creating, producing or providing any contents, materials, goods and/or services through our site or applications shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to, damages for loss of revenue or anticipated profits, loss of business, goodwill, data or other intangible losses even if Holimood has been advised of the possibility of such damages resulting from (i) the inaccuracy, invalidity or incompleteness of the contents and materials; (ii) use of or inability to use our services; (iii) the cost of procurement of substitute goods and/or services resulting from any goods data, information or services purchased or obtained through our website, application and services; (iv) unauthorized access to or alteration of your transmission or information; and (vi) other matters related to Holimood. In the event of any of the said circumstances results from the gross negligence or willful act of Holimood, the claims that the Holimood may account shall be limited to the amount of fees (if any) paid to Holimood for the use of goods and/or services.
(vi) Holimood disclaims any liability for any of losses of or damages due to its failure to perform its undertakings or provide any of the services attributable to any events or circumstances beyond Holimood control (including but not limited to delay or error in transmission of any content) or any implementation or amendments of the applicable laws, conventions and regulations or restrictions imposed by the government or relevant authorities, or fires, rainstorms, typhoons, thunders, earthquakes, riots, wars or any other natural disasters.
(vii) Holimood is a reputation-based system, and that you will reasonably rely on service users’ comments and referrals, use common sense and exercise due care and diligence in using and relying on the services.
(viii) Holimood may contain materials submitted posted or displayed by other third parties. Holimood has not edited or reviewed or monitored any of the said materials. Holimood shall not be responsible and liable for any losses and damages arising from the materials submitted or posted or displayed by the said third parties. Unless stated otherwise, the materials contained in our website and application shall not represent any views or opinions of Holimood.
(ix) If you are dissatisfied with the website or the service, you do not agree with any part of the terms, or have any other dispute or claim with or against Holimood with respect to the terms of the website or the service, and then your sole and exclusive remedy shall be to discontinue using the website.
(x) In case the terms and conditions have discrepancy in Chinese and English versions, the English version shall prevail.
You shall indemnify and hold us (and each of our officers, directors, and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including reasonable legal fees, arising out or relating to your use of the services or your breach of these terms.
Notices to you may be made via either email or regular mail. We may also provide notices of changes to the agreement or other matters by displaying notices or links to notices to you generally on the website.
If you have any questions about these terms or report any violations of this agreement to our customer service, please contact us at email@example.com.