Terms of service

This website is operated by Alcaparra Blue Yachts, Ltd., which is the holder of the rights to use the trademark ‘Ocean 45 - Unique Experiences’ (Ocean 45). On the website, the terms ‘we’ and ‘our’ refer to Ocean 45. Ocean 45 provides the products on this website, including all information, tools and services available on this website, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 — ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 — GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right, at any time, to modify or discontinue the Service (or any part or content thereof) without prior notice, while ensuring, however, the performance of all activities included in the products and Services that the user has contracted and/or reserved.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 — PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the shop. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but have no obligation, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this website is cancelled where it is forbidden.
We do not guarantee that the quality of any products, Services, information, or other material ordered or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases placed at our shop. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiry dates, so that we may complete your transactions and contact you as needed.

SECTION 7 — OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 — THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 — PERSONAL INFORMATION
The submission of your personal information through the store is governed by our Privacy Policy, which can be viewed here: https://www.ocean45.com/policies/privacy-policy.

SECTION 11 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our website or within the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 — PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that we may, from time to time, remove the Service for indefinite periods or cancel the Service at any time, without prior notice.
You expressly agree that your use of, or inability to use, the Service is at your own risk. The Service and all products and Services delivered to you through the Service (except as expressly stated by us) are provided “as is” and “as available” for your use, without any representations, guarantees, or conditions of any kind, either express or implied, including, without limitation, all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, legal ownership, and non-infringement.
In no event shall Ocean 45, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, loss of revenue, loss of savings, loss of data, replacement costs, or any similar damages, whether based in contract, civil wrong (including negligence), strict liability, or otherwise, arising from your use of any of the Services or any products purchased using the Service, or any other claim related in any way to your use of the Service or any product, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if advised of the possibility of such damages.

SECTION 14 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Ocean 45 and our company (Alcaparra Blue Yachts, Lda.), subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of your violation of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of any third party.

SECTION 15 — SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 — TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 — ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 — JET SKI AND BOAT RENTAL AGREEMENT
For all products and Services related to jet skis and boats, you hereby declare that you are over 18 years old and hold, at minimum, a valid sailor’s license in Portugal for jet ski rentals, or a local skipper license or higher for boat rentals. At the time of rental, you must provide a security deposit of €400.00 for jet skis rentals, or a security deposited to be contractually agreed between €2,000.00 and €3,000.00 for boats, depending on the boat type (sailing boat/motor boat). The deposit may be blocked on a credit card or paid in cash to Ocean 45. This amount will remain blocked only for the duration of the rental and will be released upon return of the jet ski or boat at the Ocean 45 dock in Marina de Cascais, after verifying the proper condition and overall state of the jet ski or boat, and after refueling the fuel consumed during the rental period.
If any damage occurs to a jet ski or boat during your use, a repair/replacement cost will be assigned to the damage, which will be deducted from the security deposit you provided, with the balance returned to you, or you will pay the remaining amount if the repair/replacement cost exceeds the security deposit amount. You expressly accept and acknowledge that fuel is not included in the rental price of jet skis and boats. At check-in, the jet ski or boat is delivered with a full fuel tank. At the end of the rental period, you must replenish the fuel used at the Marina de Cascais service station before returning the jet ski or boat. If you choose not to refuel, upon returning the jet ski or boat, Ocean 45 will verify the fuel consumed and calculate the fuel cost for the rental. This amount may be deducted from the security deposit provided to Ocean 45. If you do not refill the fuel used, you must also pay Ocean 45 a refueling fee of €15.00.
All terms and conditions referred to herein will be included in a rental agreement to be executed with you and signed by both parties before the start of the reserved rental period. You must present the original of your valid nautical license in Portugal and allow Ocean 45 to make a copy of it and of your identification document, which will constitute annexes to the rental agreement. If you do not hold a valid nautical license in Portugal with the category required to operate jet skis or boats, and you refuse to provide the required security deposit, Ocean 45 may unilaterally terminate this agreement, with the loss of any amounts you have already paid for your order.
In any case, the rental of jet skis and boats may be conducted with or without crew (skipper and sailor), so if you do not hold a valid nautical license in Portugal, you may still proceed with the activity provided you pay the cost associated with a crewed rental, according to the current price list. You may contact Ocean 45 at any time to obtain accurate information on the costs associated with a crewed rental.

SECTION 19 — GOVERNING LAW AND JURISDICTION
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Portugal. For any dispute between the Parties arising from the interpretation, performance, or enforcement of these Terms of Service or the documents they incorporate by reference, the courts of the district of Lisbon shall have exclusive jurisdiction, with express waiver of any other venue.

SECTION 20 — CHANGES TO THE TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or Service after any changes to these Terms of Service have been posted, constitutes acceptance of those changes.

SECTION 21 — CONTACT INFORMATION
Any questions regarding the Terms of Service should be sent by email to: booking@ocean45.com