Terms of Service

These Terms of Service (“Terms”) govern your use of the Marine Concierge mobile application, this website and related services (the “Services”) provided by G.O.A. Marine Concierge (“we,” “us,” or “our”). By creating an account or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

1. Eligibility and accounts

• You must be at least 18 years old (or the age of majority where you live) and able to form a binding contract.
• You agree to provide accurate information and keep it up to date, keep your login credentials secure, and are responsible for activity on your account.
• Accounts may be registered as a Boater/Client, an Owner (slips and docks), or a Provider (marine services, electronics, detailing, maintenance, provisioning and similar).

2. The marketplace; providers are independent

The Services are a marketplace and concierge platform that connects Boaters with Owners and Providers. G.O.A. Marine Concierge is not a party to agreements between users, and does not own, operate, manage or control any slip, dock, marina, vessel, or service listed in the App, and does not itself perform listed services unless expressly stated.

• Owners and Providers are independent businesses or individuals, not our employees, agents or partners. They are solely responsible for their listings, pricing, availability, the quality, safety and legality of their services and facilities, and for holding any required licenses, permits and insurance.
• We do not guarantee the accuracy of listings, reviews or user content, or the quality, safety, suitability or timeliness of any slip, product or service. Any screening we perform is limited and is not an endorsement.
• Boaters are responsible for their vessels, passengers and conduct, for complying with marina rules and applicable boating laws, and for evaluating whether a listing meets their needs (for example vessel length, draft, beam and power requirements).

3. Bookings, quotes and orders

When you book a slip or service, accept a quote, or place a provisioning order, you enter into an agreement directly with the Owner or Provider on the terms shown in the listing or quote. Prices, inclusions, taxes, and any deposit requirements are set by the Owner or Provider. Quotes are estimates unless the Provider states otherwise; additional work should be agreed in the App before it is performed.

4. Payments and platform fee

• Payments are processed by Stripe, Inc. By making or receiving payments, you also agree to Stripe’s terms. Owners and Providers must complete Stripe Connect onboarding to receive payouts and agree to the Stripe Connected Account Agreement.
• We charge a platform fee on transactions, which is disclosed in the App before you confirm (for Boaters) or when you list (for Owners and Providers). The fee is collected through Stripe at the time of payment and deducted from payouts as applicable.
• Owners and Providers authorize us, through Stripe, to collect payments on their behalf and remit payouts, less platform fees, refunds and chargebacks.
• Users agree to pay through the App for bookings and services found through the App and not to circumvent the platform to avoid fees.
• Owners and Providers are responsible for determining and paying their own taxes, unless we are required by law to collect and remit them.
• We do not store full card numbers; card data is handled by Stripe.

5. Cancellations and refunds

Cancellations and refunds are governed by the cancellation policy shown on each listing or quote at the time of booking, which is set by the Owner or Provider. Please review it before you book. Where a booking is cancelled by the Owner or Provider, or a service is not provided as booked, the Boater may be eligible for a refund under the listing policy and applicable law. Platform fees may be non-refundable except where required by law or where we decide otherwise at our discretion. Weather and safety-related cancellations are handled under the applicable listing policy; we encourage Owners and Providers to state a clear weather policy.

6. Rewards program

Eligible activity may earn rewards points and qualify you for Bronze, Silver or Gold tiers. Points have no cash value, are non-transferable, and may not be sold or exchanged for cash. We may change earning rules, benefits, tiers or expiration terms, or end the program, with notice in the App. Points obtained through fraud, error or abuse may be removed. Points are forfeited when an account is closed.

7. User content and reviews

You retain ownership of content you submit (such as listings, photos, messages and reviews), and grant us a non-exclusive, worldwide, royalty-free license to host, store, display, reproduce and use it to operate and promote the Services. You represent that you have the rights to the content you submit. Reviews must reflect genuine experiences from actual transactions. We may remove content that violates these Terms.

8. User conduct

You agree not to:

• Post false, misleading or fraudulent listings, quotes, or reviews, or manipulate reviews or rewards.
• Harass, threaten, discriminate against or abuse other users, or send spam or unsolicited promotions.
• Use the Services for any illegal purpose or to offer illegal goods or services.
• Upload content that infringes others’ rights or contains malware.
• Circumvent payments or platform fees, or take transactions off-platform to avoid fees.
• Scrape, reverse engineer, interfere with or attempt to gain unauthorized access to the Services or other accounts.
• Impersonate any person or misrepresent your affiliation or qualifications.

We may suspend or terminate accounts, remove content or cancel bookings that we reasonably believe violate these Terms or create risk for users or us.

9. Safety on the water

Boating involves inherent risks. Users are solely responsible for safe operation of vessels, compliance with U.S. Coast Guard and Florida Fish and Wildlife Conservation Commission rules, marina regulations, and weather and sea-condition decisions. Nothing in the Services is professional navigational, safety or legal advice.

10. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR MAKE ANY WARRANTY ABOUT ANY LISTING, OWNER, PROVIDER, SLIP, PRODUCT OR SERVICE.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, G.O.A. MARINE CONCIERGE AND ITS OWNERS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, OR FOR PROPERTY DAMAGE, PERSONAL INJURY OR DEATH ARISING FROM ANY SLIP, DOCK, VESSEL, PRODUCT OR SERVICE PROVIDED BY OTHER USERS, OR ANY INTERACTION BETWEEN USERS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF (A) THE PLATFORM FEES YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless G.O.A. Marine Concierge from claims, losses, liabilities and expenses (including reasonable attorneys’ fees) arising from your use of the Services, your content, your listings or services, your violation of these Terms, or your violation of any law or third-party right.

13. Disputes between users

Disputes about a booking or service are primarily between the Boater and the Owner or Provider. We may, but are not required to, help resolve disputes, and any decision we make about refunds within the App is at our reasonable discretion and does not limit your other legal rights against the other user.

14. Termination

You may stop using the Services and delete your account at any time (see account deletion). We may suspend or terminate your access for violations of these Terms or to protect users or the Services. Sections that by their nature should survive termination will survive.

15. Changes to the Services or Terms

We may modify the Services or these Terms. For material changes, we will provide notice in the App or by email. Continued use after changes take effect means you accept the updated Terms.

16. Governing law and venue

These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-law principles. Subject to applicable law, any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Bay County, Florida, and you consent to their jurisdiction. Either party may bring qualifying claims in small claims court.

17. App stores

If you download the App from the Apple App Store or Google Play, you acknowledge that these Terms are between you and G.O.A. Marine Concierge, not Apple or Google, and that Apple and Google are not responsible for the App or its content. Apple and its subsidiaries are third-party beneficiaries of these Terms for iOS users and may enforce them. Your use must also comply with the applicable store terms of service.

18. General

These Terms and our Privacy Policy are the entire agreement between you and us regarding the Services. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a business transfer.

19. Contact

G.O.A. Marine Concierge
Panama City, Florida, USA
Email: support@goamarineconcierge.com