Callboats Terms and conditions
Callboats is a service fully owned by Mente Marine Ltd. and operated by 3rd party Operators.
Callboats main mission is to enable The Sea for Everyone. Choose your pick up and drop off places, book the boat and hop on. Enjoy the cruise. The key to everything is the Callboats app. See the boats on the map, book them and pay the trip.
Callboats operate as stand-alone routes by a third party provider, or a part of a bigger transportation network, MaaS, Mobility as a Service.
Please read these Terms carefully as they contain important information about your rights and obligations.
1. Acceptance of Terms
The Terms constitute an agreement between you and Mente Marine Ltd, defining your and Mente Marine’s rights and responsibilities with respect to the Service.
Mente Marine is responsible for ensuring functionality of the Callboats app and ensuring that you have access to the service.
2. Eligibility and Registration
To use the Service, you must have reached the age of legal competence according to the applicable legislation or as a passenger be in companion with an adult person (> 18 years of age). As a registered user, you can bring passengers along with you in the same group.
To be able to use the Service you need to be guest- or as a registered user. Anyone creating the profile must be legally competent to do so.
You agree to provide truthful and complete information when you create your profile and use the Service and to keep that information updated.
3. Using the Service
You have a non-exclusive, non-transferable right, revocable at any time at Mente Marine’s reasonable discretion, to use the Service strictly in accordance with the Terms.
As part of the Service, you have access to transport services provided. You can find our transport routes from the Callboats web page.
You agree to:
– Comply with applicable laws and the Terms;
Since Mente Marine is constantly developing the Service, Mente Marine may, but has no obligation to:
– Monitor or moderate any Content
– Remove any Content from the Service; and
– Restrict access to any part of the Service at any time at its reasonable discretion.
Mente Marine may terminate your profile or restrict your access to certain parts of the Service if Mente Marine reasonably believes that you have breached the Terms or with prior notice if you have not used the Service in the past six (6) months.
You may terminate your profile if you no longer wish to use the Service by sending a request to Mente Marine Customer Care. After termination, you will no longer have access to the Service as a registered user.
Mente Marine may post notices within the Service and may also send you notices about the Service to the email address you have provided.
Use of certain features of the Service is subject to fees. Any fees collected by Mente Marine or 3rd party operators will be communicated separately in the Service.
Use of the Service involves transmission of data through your network service provider’s network. Prices listed within the Service do not include data transmission or other service provision that may be charged by your network service provider. Mente Marine assumes no responsibility for the payment of any fees charged by your network service provider.
6. Order and Payment Terms
“Order” shall mean the a selected transport route on a case-by-case basis. All Orders are subject to acceptance by Mente Marine.
You may pay by valid credit card or other payment methods if available. You agree to pay all fees related to your Order.
The fees for the Transport Services may change from time to time. The fees include applicable taxes in effect at the time of your transaction, unless otherwise stated. There may be instances where you incur additional charges from your payment method provider based on currency conversion rates used and/or additional fees applied. Mente Marine assumes no responsibility for the payment of bank or any other third-party service fees or charges.
7. Feedback to Mente Marine
By submitting any ideas, feedback and/or proposals to Mente Marine through the Service or other means, you acknowledge and agree that: (1) Mente Marine may have similar development ideas to the Feedback; (2) your Feedback does not contain confidential or proprietary information of you or any third party; (3 ) Mente Marine is not under any obligation of confidentiality with respect to the Feedback; (4) Mente Marine may freely use, distribute, exploit and further develop and modify Feedback for any purpose; and (5) you are not entitled to any compensation of any kind from Mente Marine for the Feedback.
8. Information Sharing
You may use features in the Service to share your location, calendar or other information. By using these features, you agree that Mente Marine may use and provide that information to Transport Service and to other entities and persons as necessary for the provision of the Service.
9. Availability, Changes and Technical Requirements
As Mente Marine is constantly developing the Service, it may change, correct or discontinue the Service in whole or in part in your area at its sole discretion. The availability of the Service, particularly specific Transport Services and Content may also vary from time to time. Mente Marine expressly disclaims any representation or warranty that any particular Transport Service or Content will be available.
The Service may not be available during maintenance breaks and other times. The Service may be provided only in selected languages. Some features of the Service are dependent on the network and the device compatibility.
To ensure you have the latest Callboats application, your device may automatically check for the availability of application updates. If Mente Marine considers an update to be important or critical you may not continue using the previous version of the application. Mente Marine may prevent your use of the previous version of the application until you install the update.
If the Service is discontinued or canceled, Mente marine may permanently delete the information you have submitted to the Service. Mente Marine has no obligation to return any information to you after the Service is discontinued or canceled.
10. Personal Data
11. Service Error Conditions and Limitation of Liability
The Service is provided on an “AS IS” and “AS AVAILABLE” basis to the extent permitted under the applicable legislation. Mente Marine does not warrant that the Service will be uninterrupted or error or virus-free. No warranty of any kind is made related to Service.
Mente Marine shall correct the errors without delay at its own expense. However, Mente Marine may refuse to correct an error if it would incur unreasonable costs or disproportionate harm. If an error is not corrected without delay or if the error cannot be corrected, you may be entitled to a price reduction equivalent to the error.
However, no minor changes or deficiencies in the Service as a whole, which you may reasonably be prepared for by the nature of the Service are not considered to be errors.
Mente Marine is not liable for any direct damages caused by your use or inability to use the Service. In no case will Mente Marine be liable for any indirect, incidental, punitive or consequential damages resulting from your use or inability to use the Service. 3rd party operators have the responsibility of the sea transport safety of passengers.
You acknowledge that any breach of the Terms may result in a liability based on the nature of the breach and other circumstances. You agree to defend and indemnify Mente Marine from and against all third-party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of your breach of the Terms.
Examples of conduct that constitutes such breach of the Terms:
1. Modifying the application code to access rides without payment or otherwise hacking Mente Marine systems;
2. Allowing someone else to use Callboats with your profile;
3. Violating the terms and conditions of the transport service providers and/ or causing extraordinary expenses for the transport service providers
4. Committing fraud or any other crime while using Callboats service by:
– Falsifying evidence and trying to claim refunds with this evidence;
– Using someone else’s payment card without their consent; or
5. Using the Service against its intended purpose or usage significantly exceeds the average usage limit of the service; or.
13.1 Governing Law
The Terms are governed by the laws of the Finland without regard to its conflicts of law provisions.
The Terms neither exclude nor limit any of your mandatory rights in your country of residence that cannot by law be waived. If a provision of the Terms is found to be invalid under mandatory legislation, the invalid provisions have no legal or binding force. The rest of the Terms remains valid. In the event one or more provisions of the Terms are not relevant to your use of the Service, it shall not impact the validity or enforceability of any other provision of the Terms or the Terms as a whole. The provisions of the Terms that are intended to survive the termination of your profile remain valid also after such termination.
13.3 Changes to Terms
Mente Marine may modify the Terms at any time without prior notice if the change is based on the development of the Service, change of legislation or other specific reason or a substantial change in circumstances. Notwithstanding the foregoing, if the Terms are changed in a material, adverse way, Mente Marine will use reasonable efforts to provide you a separate prior notice advising of the change according to clause 10. Availability, Changes and Technical Requirements.
14. Intellectual Property
The Service, Content and related materials are protected under international copyright laws. Mente Marine claims copyrights in its Service, Content, and the related materials to the maximum extent of the law.
Mente Marine may assign its rights and obligations under the Terms to its corporate parent, its subsidiaries, or to any other company or 3rd party.
If a dispute concerning the Terms cannot be resolved through negotiation between you and Mente Marine, you can submit the matter to the Consumer Disputes Board (www.kuluttajariita.fi) for resolution. Before taking the matter to the Consumer Disputes Board, you should contact the Consumer Advisory Service (www.kuluttajaneuvonta.fi)
1. Lawful grounds for data processing
Your acceptance is needed, processing your personal data is necessary for the performance of our contract, based on customer relationship, and in order to provide our services. Sometimes the processing is necessary for the purposes of legitimate interests or a third-party interest such as integration with a MaaS service. This includes fraud detection and prevention as well as for various development and analytics purposes.
2. The type of information we collect
Information collected directly from you
Basic personal details.
When you use the Callboats app as a guest user, we will not ask for personal information. When you register as a user, we ask you to provide your name, telephone number and email address. These will act as your account ID and can be used for communication with you in accordance with the applicable laws.
If you choose to pay in the mobile application, we will ask you to provide a valid payment method such as a credit card.
Information collected through your use of the services
When you use the services, we collect information that helps us better provide the services to you. This information includes the following:
Your transactions with us.
We maintain records of your trips and payments in order to record our operations and ability to provide receipts of performed trips. We may, in accordance with applicable law, record your communication with our customer care or with other such contact points.
Positioning and location data.
When you use the app, we need to know your current location to detect if you are in a range of a callable boat. We will not store your location history nor use your location when not using the application.
We store information about your trips. This includes the start and end points of the trip, the start and end times of the trip, and the cost. This information is associated with your unique user identifier.
We do not collect data such as your IP address, browser, applications.
Information collected by third-party
We may integrate Callboats with 3rd party operating services MaaS, however we limit the information as per listed above.
The purposes for which we use the information
We use the data you provide to offer you our service. However, as we continue improving and developing the services, we may come up with new innovative features that potentially also rely on your personal data.
In order to ensure that we can continue innovating, we would also like you to know and accept that we can collect personal data for the general purposes of i) providing you with our services, ii) making it possible for you to set up an account with us, iii) enabling us to develop, improve and manage our services by better understanding our customers, iv) keeping you informed about our services v) fraud detection and prevention and vi) contacting you in specific cases related to issues you might be experiencing with our services vii) for historical or scientific research or for statistical purposes. Occasionally, we may assign a scientific or statistical research task to a third party we consider reliable. In these cases, it is possible that the researcher obtains your personal data also from other sources.
3. Storing of your personal data
As most other service providers, we store and process your personal data (if any) on third party servers (” Hosting Providers”). By using our services, you give us consent to store, process and transfer your personal data (if any) outside of your country of residence to the countries where our Hosting Providers are located. Your personal data is stored for no longer than is necessary for the purposes for which the personal data is processed.
Your profile and the related data will be removed immediately when you ask to remove your profile from our service. All other personal data will be anonymised or removed permanently, regularly at least once a year, unless applicable legislation, relating to for example consumer protection, periods for filing suit or accounting, otherwise necessitates. Such data retention obligations typically last for 3-10 years. If we store some of your personal data longer, for example for statistical or research purposes, we always ensure the anonymisation of data.
4. Disclosure of the information to third parties
We utilize third parties to provide payment and related administration services (“Payment Providers”). As noted above, we can share your payment method details with these Payment Providers so that they can process your payment. These third parties can also collect data from you, which they will process in accordance with their own processes and privacy policies.
Our products and services may be provided using resources and servers located in various countries around the world. Therefore your personal data may be transferred across international borders outside the country where you use our services, including to countries outside the European Economic Area (EEA).
Apart from Hosting Providers and Payment Providers, we may disclose your personal data to third parties provided:
- the disclosure is reasonably necessary to provide you with the services. We can, for example, share your name and contact details with a service provider or operator that you want to use so that the service provider knows you will be using their services and will be able to contact you directly, for example in case there is a problem in the service;
- the disclosure is reasonably necessary for the purpose of development and maintenance of our services. We may, for example, use third party consultants to help us develop our services. Whenever we use third party consultants, we will impose contractual commitments and the data used for analytical and personalisation purposes is, as far as possible, anonymised and pseudonymised;
- the disclosure is reasonably necessary for us to be able to enforce our Terms of Service;
- the disclosure is reasonably necessary for the purposes of detecting and preventing fraud or security breaches; or
- the disclosure is made at the request of a public authority;
- the disclosure is made in accordance with applicable law.
If we decide to sell, buy, merge or otherwise reorganise our businesses in certain countries, this may involve us disclosing personal data to prospective or actual purchasers and their advisers. We may share non-personal data or anonymised statistical data to selected third parties.
5. Your rights
When you are providing personal data to us you have certain rights. You have the right to obtain a confirmation that we are processing your personal data and the right to know what information we have collected about you. You also have the right to have incorrect, incomplete, inaccurate, unnecessary or outdated data removed or rectified and, under certain conditions, to restrict or object the use of personal data according to applicable legislation. You may also make a request to have your data moved to another system if it is technically feasible and, under certain conditions, to withdraw your previously given consent to processing your personal data. We want to make this process as simple as possible. Therefore, some of the information you provide will be accessible via the services themselves and you can view, edit or delete that information at any time.
Some of the information is not available via the services. In case of such information, you can request to review, amend or delete it by sending a written request to our address stated below, together with documentation that enables us to verify your identity. We will handle your request with all respect and without undue delay.
Please note that in certain situations, in particular if you request that we delete and no longer process your personal data or restrict their processing in an essential way, we may be unable to continue the provision of our services to you. However, we cannot delete permanently the personal data we are required to store longer by law.
If you consider that the rights given to you under the data protection regulation have been infringed and we have not corrected our actions despite your request, you may contact the supervisory authority in the EU Member State of your habitual residence.
6. Data Security
Privacy and security are key considerations in the creation and delivery of our services. We limit access to our data bases containing personal data to authorised persons having a justified need to access such information.
- We use industry standard security mechanisms to protect the collected personal data. All collected personal data is stored in protected databases located behind a firewall and with both physical and software-based access controls provided by our Hosting Provider.
- Our payment providers are PCI-DSS Level 1 certified.
7 General information
The name of the data controller is Mente Marine.