LAST UPDATED: April 23, 2021
THANK YOU FOR USING
The Swift Harbour websites and the Swift Harbour apps (together, the “Platform” or "Services") are owned and made available by Yachting’s Best Media Inc., a British Columbia corporation (referred to as “Swift Harbour”). Our Platform is made available to you on the terms set out below. These terms describe what you can and cannot do with our Platform and limit our liability to you. Please read them carefully.
By using the Swift Harbour, you agree to be legally bound by these terms, which shall take effect immediately. If you do not agree to be legally bound by all the following Terms & Conditions, please do not access and/or use the Swift Harbour booking platform.
Swift Harbour may change these Terms & Conditions at any time by posting changes online. Please review these Terms & Conditions regularly to ensure you are aware of any changes made. Your continued use of the Swift Harbour booking platform after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
Services Overview. Swift Harbour is a suite of sales, booking, hospitality and administrative software-as-a-service solutions offered through a single platform. The Services are designed to enable you to manage Customers through the entire lifecycle of your relationship with them and to provide a Dashboard for accessing and managing Data regarding those Customers. The Services also include Swift Harbour Code deployed on your Properties to enable online booking, data collection and messaging functionality.
Our Platform is made available to you (the “Business” or “you”) to utilize for sales, booking, hospitality services to your customers (the “Customer”, “Consumer” or “Buyer”) on the terms set out below.
1. Use. You can use the platform to manage sales, booking, hospitality and administrative tasks as intended by the creators of the platform. During the Term and subject to the terms of this Agreement, Swift Harbour grants to you and you accept from Swift Harbour a non-exclusive, non-transferable limited license and right to access the Swift Harbour Software, Platform and Services. Swift Harbour is not a marketplace. Any contract of sale through your Swift Harbour account is directly between you and the buyer. All payments by Customers rendered will be charged for onsite by the Business either through Stripe, Global Payments Integrated (formerly known as OpenEdge Payments) or through your own payment processing methods.
You are responsible for:managing all activity within your account and for keeping content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”) up to date.charges you incur (ie, data, network, internet) to connect to the Platform.accepting, waitlisting or declining Customer bookings and payments in a timely mannerrecovering the lost fees if Customers violate your cancellation policy as set and displayed in Swift HarbourHonouring the agreed booking price when the booking was made unless there is a gross error on the part of Swift Harbour or reasonable grounds to adjust the booking price based on a Business created discount or an unintentional mistake.
The Swift Harbour team can assist with adjusting account settings, and help you get the most from the platform. Simply email us at firstname.lastname@example.org for assistance any time and our team will be happy to help!
2. Your Account. You will need a registered account to use the Platform and pay the applicable fees as posted or unless otherwise agreed in a custom pricing overview, invoice or term sheet (“Custom Pricing”), and you shall pay to Swift Harbour any applicable fees as outlined on the Custom Pricing. To protect your account, keep your password confidential. You are responsible for all activities that occur under your account and for all charges incurred through your account. If you learn of any unauthorized use of your account, please change your password right away and notify us at: email@example.com. Pricing is subject to change with 30 days notice.
3. Your Content. You can use our Platform to input, manage and share information (“Your Content”) as well as perform sales, booking and hospitality activities. You are responsible for Your Content and understand that any sharing of Your Content is done at your own risk. You retain ownership over Your Content and grant Swift Harbour limited license to use Your Content as necessary to provide the Platform to you, and help you in your sales, booking and hospitality activities in accordance with these Terms.
Yachting’s Best Media Inc grants you a non-exclusive, non-transferable worldwide right and license: (i) to access Swift Harbour; and (ii) to use the Swift Harbour and/or Yachtingsbest.com logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that Yachting’s Best Media Inc. provides to you solely in connection with the direct use of Swift Harbour. You may not alter, modify, or change the Licensed Materials in any way and are only entitled to use the Licensed Materials during the Term of this Agreement. This license will terminate immediately upon termination of this Agreement. Yachting’s Best Media Inc may revoke the license at any time immediately by giving the marina verbal or emailed notice. You grant Swift Harbour a non-exclusive, non-transferable worldwide right and license to utilize your name, title, trademark, logo and similar identifying material for the Swift Harbour support team to provide you with assistance as well as in advertising, marketing, promoting, and public relations activities undertaken on Swift Harbour and/or through SwiftHarbour.com.
4. Content Rules. You must own Your Content and all information you input or share through the Platform. You will not input or share any information that does not belong to you, or which could cause damage or harm to anyone. Your Content must not damage or interrupt the proper working of the Platform (for example, by containing viruses or corrupted files). You must use reasonable security measures (such as encryption and a secure network/system; not an open system or public computer). You must not post or transmit spam, junk mail or chain letters. Swift Harbour is not responsible for Your Content and has no obligation to review, edit or filter Your Content for compliance with the above rules. Swift Harbour reserves the right to modify, reject or remove any of Your Content at any time if Swift Harbour determines, in its sole discretion, that Your Content does not comply with these Terms.
Swift Harbour is not liable for any damages or claims that arise out of Your Content. If a third party sues Swift Harbour, or makes a claim against Swift Harbour, because of Your Content, you must pay Swift Harbour for any damages and expenses that Swift Harbour incurs as a result of that suit or claim.
6. Removal of Your Content. You may remove Your Content at any time by deleting it, using the delete function in the Platform. Upon request, Swift Harbour will delete your account and Your Content for you. Any of Your Content which remains in the Platform 60 days after expiration or termination of your subscription may be deleted and may no longer be recoverable.
7. Ownership. Swift Harbour owns the Platform, including the Swift Harbour trademark and logo. Swift Harbour owns, or has obtained the rights to use, all materials and content posted on or made available through the Platform, such as our blog postings, videos, photos, illustrative graphics and text.
8. Restrictions on Use of the Platform. You must not do anything that would violate our ownership rights, harm others or impair the functioning of the Platform. This includes, but is not limited to, any of the following actions, which are strictly prohibited:
Swift Harbour reserves the right to suspend your use of any or all of the Platform, or take other appropriate remedial action, to address any of the above.
9. Service Level Agreement – Swift Harbour will use commercially reasonable efforts to make each Service available with an uptime of 99.8% of each year ("Target Availability").
Exclusions. The calculation of uptime will not include unavailability to the extent due to: (a) use of the Platform by the Business in a manner not authorized in this Agreement or the applicable Documentation; (b) general Internet problems, force majeure events or other factors outside of Swift Harbour’s reasonable control; (c) Business or Customer equipment, software, network connections or other infrastructure; (d) third party systems, acts or omissions; or (e) Scheduled Maintenance or reasonable emergency maintenance.
Scheduled Maintenance. "Scheduled Maintenance" means Swift Harbour scheduled routine maintenance of the Services for which Swift Harbour will post a notification on Swiftharbour.com at least twenty-four (24) hours in advance.
10. Support. Swift Harbour offers support services for the Platform ("Support ") in accordance with the following terms:
Support Hours. Support is provided Mon-Fri 0900-1800 pacific time and a detailed knowledge base is available 24/7 at https://docs.swiftharbour.com.
Incident Submission. You may report errors or abnormal behavior of the Platform ("Incidents") by contacting Swift Harbour via https://new.swiftharbour.com/support. Please provide information and much cooperation as reasonably required for Swift Harbour to provide Support. This includes, without limitation, providing the following information to Swift Harbour regarding the Incident:Aspects of the Service that are unavailable or not functioning correctlyIncident's impact on usersStart time of IncidentList of steps to reproduce IncidentRelevant log files or dataWording of any error message
11. Customer Data Ownership and Control. You retain ownership and control of your customer data and all information collected, entered, created or otherwise provided by the course of using the Platform (“Customer Data”). You are responsible for ensuring that your collection and use of Customer Data complies with applicable laws and regulatory requirements. You grant to Swift Harbour a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the Customer Data solely to the extent necessary to provide our Services to you, to provide marketing services for you and other businesses using Swift Harbour or update Customers on Swift Harbour Features. You understand that Swift Harbour reserves the right to solicit customers on terms that may differ from those contained in this Agreement or operate websites that encourage direct consumer business. Swift Harbour will not sell Customer Data to any third party. You will indemnify, defend and hold harmless Swift Harbour from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any claim arising from or relating to any Customer Data or breach or alleged breach by Customer.
12. Custom Development Services. The following refers to any custom development services provided by the Swift Harbour team, which could include custom websites, landing pages, hosting, unique features, marketing materials and more. You are responsible for all content posted or stored on your web hosting space. Swift Harbour exercises no control over the content or information contained on the servers used for hosting. Swift Harbour will not be responsible for any direct, indirect, or consequential damages which may result from the use of this service by its customers or any other related or unrelated third parties. Swift Harbour is not responsible for backing up data or recovering data in case of loss on the customer’s behalf. Any custom service work invoiced amount is an estimate of the total cost expected for a project and is subject to change if the scope or requirements change. Swift Harbour is not responsible for interruptions of service beyond its control. This includes interruptions by its suppliers and natural disasters. Swift Harbour will monitor the customer’s current disk storage and bandwidth. If usage exceeds the amount registered for, Swift Harbour will contact the customer in an attempt to make an arrangement for additional resources. If customer does not respond, or is unable to be reached, Swift Harbour shall have the right to take corrective actions for exceeding resources. Such actions may include assessing additional charges, increasing service plan, temporarily discontinuing services, or terminating the current agreement. Swift Harbour requires a 30-day notice prior to canceling a website hosting account. If service is cancelled early on a custom pricing agreement term (i.e. 1 year) the final balance on remaining months of service is due.
13. Conduct. You agree that you are responsible for your own conduct and content while using the Products, and for any consequences thereof. You agree to use the Platform only for purposes that are proper and in accordance with the Terms and any applicable policies or guidelines Swift Harbour may make available. By way of example, and not as a limitation, you agree that when using the Products or the Content, you will not:- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;- upload, post, email, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content or any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
14. Disclaimer. There are certain things we cannot promise about the Platform. We cannot promise that the Platform will always be available, 100% secure or free from errors or viruses. We cannot promise that information provided through the Platform will be accurate, up-to-date or complete. While every effort will be made for Swift Harbour to be an exceptional platform for you, the Platform is provided “as is” without warranty and is used at your sole risk. Swift Harbour does not make any representations or warranties regarding the Platform.
15. Limited Liability. Swift Harbour’s total liability to you is limited to the amount of fees you paid to Swift Harbour in the prior 6 months or Cdn$100 if you did not have any payment obligation to Swift Harbour. This limit on Swift Harbour’s liability applies even if Swift Harbour is negligent. This limit will not apply to override any rights you may have under applicable consumer laws.
Under no circumstances will Swift Harbour or its agents, affiliates, service providers, suppliers, customers and/or distributors be liable for any of the following:
16. Notices to You. Swift Harbour will provide you with notices, alerts and communications regarding the Platform and these Terms electronically to the email address associated with your account or by posting changes on the applicable page on swiftharbour.com or new.swiftharbour.com. You may update your account information at any time.
17. Governing Law. All matters relating to these Terms and your use of the Platform will be governed by the laws of the Province of British Columbia, Canada.
18. Contact Us. If you have any questions regarding the Platform or these Terms, please contact us at:
Yachting’s Best Media Inc. - firstname.lastname@example.org
Services Overview. Swift Harbour ( is a software-as-a-service platform and apps that allow businesses (the “Business”) to offer online booking, sales, administration and hospitality services for their customers. Our Platform is made available to you (the “Consumer” or “you”) to utilize the sales, booking, hospitality services provided by the Business via Swift Harbour on the terms set out below.
RESTRICTIONS ON USE – Unless you have received prior written authorization from Swift Harbour, you must not:1. copy, translate, or make derivative works of the Content or any part thereof;2. redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the any part(s) of Swift Harbour system or its content available to third parties;3. reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by applicable law;4. use the Products in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content, including but not limited to numerical latitude or longitude coordinates, imagery, and visible map data;5. delete, obscure, or in any manner alter any warning or link that appears in the Products or the Content; or6. use the Products to create a database of places or other local listings information.
APPROPRIATE CONDUCT; COMPLIANCE WITH LAW AND SWIFT HARBOUR POLICIES – You agree that you are responsible for your own conduct and content while using the Platform, and for any consequences thereof. You agree to use the Platform only for purposes that are proper and in accordance with the Terms and any applicable policies or guidelines Swift Harbour may make available. By way of example, and not as a limitation, you agree that when using the Products or the Content, you will not:1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;2. upload, post, email, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content;3. upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content;4. upload, post, email, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements;5. upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms or any applicable Product policies or guidelines;6. download any file that you know, or reasonably should know, cannot be legally distributed in such manner;7. impersonate another person or entity, or falsify or delete any author attributions or proprietary designations or labels of the origin or source of Content, software or other material;8. restrict or inhibit any other user from using and enjoying the Products or Yachting’s Best services;9. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Yachting’s Best services or Content, or collect information about users for any unauthorized purpose;10. submit content that falsely expresses or implies that such content is sponsored or endorsed by Yachting’s Best;11. create user accounts by automated means or under false or fraudulent pretenses;12. promote or provide instructional information about illegal activities;13. promote physical harm or injury against any group or individual; or14. transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
BOOKING VALIDITY, MODIFICATIONS & AMENDMENTS – All products and services offered by Swift Harbour are valid as per the dates displayed on any Business website. Swift Harbour is not responsible or liable for any information that it does not directly provide, that is entered in error, or that is not kept up to date by the Business.1. All requests for modifications/amendments must be directed to the Business directly who will process the request.2. All date-change requests and amendments are subject to availability by the Business; Swift Harbour cannot guarantee the success of any date-change request.3. Swift Harbour reserves the right to cancel, change or substitute any service or product that you have booked using Swift Harbour at any time, for any reason.
PRICING & INCLUSIONS/EXCLUSIONS – Price quotations are subject to change without notice, until a booking has been confirmed. If unintentional errors in pricing occur as a result of actions of the Business or on the part of Swift Harbour the total price itself may be subject to change at check-in and Swift Harbour nor the Business shall have any liability to or oblication to honour the quoted price.Unless otherwise specified, prices do not include any local taxes or use-fees, including foreign departure, security, port charges, park fees, customs, immigration, agricultural, passenger-facility charges or international transportation tax.
PAYMENTS & CANCELLATIONS – Payments for bookings, products and services are processed by the Business either remotely or in person.1. Canceling a booking can result in cancellation fees, as published by the Business.2. Credit card data may be kept on file to allow the charging of the cancellation fees should a no show occur.
DISCLAIMERS & LIMITATIONS OF LIABILITY – Under no circumstances will Swift Harbour, Yachting’s Best Media Inc or its agents, affiliates, service providers, suppliers, and/or distributors be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of Swift Harbour regardless of the form of action.1. The Swift Harbour, Yachting’s Best Media Inc and its agents and suppliers, in assisting in making arrangements for bookings or any service in connection with the Business, shall not be liable for injury, damage, loss, accident, delay or irregularity, liability or expense to person or property due to act of default by any Business, user or other company or person providing services included in the reservation.2. Furthermore, Swift Harbour and its agents and suppliers accept no responsibility for any sickness, pilferage, labor disputes, machinery breakdown, government restrains, acts of war and/or terrorism, weather conditions, defect in any facilities or for any misadventure or casualty or any other causes beyond their control.3. Swift Harbour content – including the information, names, images, pictures, logos, prices, dates, and availability regarding or relating to Yachtingsbest.com and/or to the Swift Harbour reservation request system, service provider, operator and/or distribution partner is provided “AS IS” and on an “AS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.4. Swift Harbour does not warrant that functionality, content or information contained in Swift Harbour will be uninterrupted or error free, that defects will be corrected, or that Swift Harbour or the servers that make it available are free of viruses or bugs.5. At Swift Harbour we check and recheck the details about all the products and services we offer for accuracy. However, Swift Harbour does not warrant that functionality, content or information contained on any Swift Harbour reservation request system will be uninterrupted or error free, that defects will be corrected, or that Swift Harbour and/or Yachtingsbest.com or the servers that make it available are free of viruses or bugs.6. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
Why We Collect Personal Information
Information Swift Harbour Collects from You
Contact Information. We collect names and email addresses of users when they register, signup, or book with the to the Platform. We use this information to activate user accounts, give access to the Services and send you notices. We may also use contact information for marketing purposes, such as promotional emails, direct mail and sales contacts. You can opt-out of our marketing communications at any time by unsubscribing or contacting us at email@example.com.
Billing Information. When you utilize to our Services, we/our Platform can be used to collect credit card information to process that payment. Credit card information is provided directly to our payment processor and is processed in a PCI-compliant manner. We do not keep your credit card information. Note that when credit card information is referred to as being “stored”, this means the payment processor has a “token”. The token replaces sensitive information and acts as a non-sensitive placeholder that can be used by the payment processor to reference your credit card information when payments need to be processed.
Log and Device Information. When you access and browse our Services, we collect information about how you are accessing our Services, such as your internet or mobile network connection, your browser or the type of mobile device you are using (if applicable). We use this log and device information to identify how our Services are being accessed and used so we can optimize them for the types of connections, browsers and devices being used. This information is not used to market or send promotions at an individual user level.
Social Media. If you login to our Services using a third-party sign-in service, such as Google, Facebook, Connect or Twitter, we will receive personal information from those services, such as your name, email address and profile photo, in order to pre-populate our online forms. We also include social media “Like” and “Share” buttons on our websites. These features may collect your IP address and the page you are visiting on our website. They may also set a cookie to enable the feature to function properly. Your interactions with these features are governed by the privacy policies of the third parties who provide them.
Legal Basis (GDPR EU/UK)
For personal information that is subject to the General Data Protection Regulation (GDPR), we rely on the following legal bases for collecting and using your personal information:
You may withdraw your consent at any time. Where we are using your personal information for our legitimate interests, you have the right to object to that use. See below under Your Rights for how to withdraw consent or object.
Sharing Your Information
We do not sell or distribute personal information to third parties for their own commercial or marketing purposes. We will only share personal information we collect in the following circumstances:
-Our data centers where all Platform data is stored
-Customer support services to help us collect feedback and manage our support services
-Communication services to send out email and SMS notices or reminders
We protect your personal and Customer information by:
While we employ industry standard measures to protect your information, no electronic communication can ever be completely secure. You share responsibility for protection of your personal information by setting a strong password and by keeping your username and password confidential.
We retain personal information only for as long as necessary to achieve our stated purposes, or as required by applicable law. For example, Contact and Billing information is kept for as long as your account is active and for a reasonable period after it has been deactivated in the event you wish to re-activate the account. User account information may also be retained as necessary to comply with our legal obligations, resolve disputes or maintain our relationship with you. Credit card information is never kept or stored by us.
If you reside outside North America, your personal information may be transferred to and processed in Canada and the United States.
Before transferring your personal information, we ensure that appropriate safeguards are in place and that your privacy rights are protected and preserved. For individuals located in the European Union or the United Kingdom, such safeguards may include the existence of an EU adequacy decision, certification and adherence to EU-US Privacy Shield and Swiss-US Privacy Shield Frameworks, the Standard Contractual Clauses approved by the European Commission, binding corporate rules, or other legal mechanisms to safeguard the personal information being transferred.
Information about the Privacy Shield Frameworks can be found at www.privacyshield.gov
Individuals have certain rights with respect to their personal information. These rights are set out below.
Yachting’s Best Media Inc.
Attention: Privacy Officer
What Are Cookies?
Cookies are small data files that are downloaded to your computer or device by a website. They are commonly used by professional websites to track overall website usage, determine your browsing preferences and improve and customize your user experience.
Cookies may be session-based or persistent. Session-based cookies exist only during one session and disappear from your computer or device when you close your browser or turn off your computer or device. Persistent cookies remain on your computer or device for a certain period after you close your browser or turn off your computer or device. Most persistent cookies expire within 6 months to 2 years.
Cookies in use on this site
Functional: These cookies remember your preferences and make it easier for you to navigate the site. They also allow you to use features such as Live Chat.
Analytical: These cookies allow us to collect statistical information about visitors to our site, such as which pages are the most popular, to help us constantly improve our website.
1. Testing different versions of site design and content
2. Analyzing browsing activity across sites to establish user profiles
3. Reporting site traffic to understand which pages are used most often
How to Change Your Cookies Settings
Most web browsers allow some control over cookies through the browser settings. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from websites you visit. Your browser also provides you the option to delete the cookies from your computer or device at any time. Please be aware that if cookies are disabled, not all features of the websites or services may operate as intended.
To find out more about cookies and how to set cookie preferences in your browser, visit www.aboutcookies.org
Please Note* The Swift Harbour team can assist to help you get the most from our platform. Simply email us at firstname.lastname@example.org for assistance any time and our time will be happy to help.
Please contact us using the form below