Terms & Conditions of Sale
Your use of the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below (Terms and Conditions). You should read them now. Your use of the website constitutes your agreement to the Terms and Conditions. Cap’n Kids Fishing Adventures, Inc. reserves the right to amend the Terms and Conditions at any time and without notice to you. Your continued use of the website after any amendment constitutes an agreement by you to abide and be bound by the Terms and Conditions as so amended.
The products on the website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.
Any order placed by you in the manner described in this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified in this website at the time you place your order on these Terms and Conditions. Cap’n Kids Fishing Adventures, Inc. reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website or an error in your order. Your contract with Cap’n Kids Fishing Adventures, Inc. only comes into existence when it forwards confirmation of receipt of your order and payment.
Prices of products and services and delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability. All prices displayed are exclusive of delivery & handling charges. These costs are additional to the listed product price.
Goods and Services and other Taxes:
You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from this website.
Please read the Delivery Information contained in this website. The delivery times are indicative only and Cap’n Kids Fishing Adventures, Inc. will not be liable for any failure to observe these delivery times.
Risk and Title:
Cap’n Kids Fishing Adventures, Inc. will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service. You should consider whether to obtain any suitable insurance.
The circumstance in which Cap’n Kids Fishing Adventures, Inc. is obliged to make a refund, the guidelines for eligibility are detailed in its Refund Policy.
Limitation of Liability:
Cap’n Kids Fishing Adventures, Inc. will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Cap’n Kids Fishing Adventures, Inc. has been advised of the possibility of such damages.
Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of Cap’n Kids Fishing Adventures, Inc. for any breach of such term, condition or warranty shall be limited, at the option of Cap’n Kids Fishing Adventures, Inc., to any one or more of the following:
1: If the breach relates to goods,
A: The replacement of the goods or supply of equivalent goods
B: The repair of such goods
C: The payment of the cost of replacing the goods or of acquiring equivalent goods
D: The payment of the cost of having the goods repaired; and
2: If the breach relates to services
A: The supplying of services again; or
B. The payment of the cost of having the services supplied again
While the information contained in the website is believed to be accurate and current, it is provided by Cap’n Kids Fishing Adventures, Inc. in good faith. Cap’n Kids Fishing Adventures, Inc., its management, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the website and none of them accept responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the website. To the extent (if any) that if the content of the website does not satisfy the laws of a country other than the USA, it is not directed to persons in those countries and they should not use the website.
The website may contain links to websites not maintained, controlled or associated with Cap’n Kids Fishing Adventures, Inc. and it does not make any endorsement, or any representation as to the accuracy, of information contained on those websites. Cap’n Kids Fishing Adventures, Inc. will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those websites.
Cap’n Kids Fishing Adventures, Inc. is the copyright owner of the content of the website or is licensed by the copyright owner to use the content on the website. Except as permitted by the Copyright Act 1968 (Cth) no part of the website may be reproduced, adapted, displayed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying by any storage and information retrieval system) without the specific prior written content of Cap’n Kids Fishing Adventures, Inc.
Cap’n Kids Fishing Adventures, Inc. does not represent that any information (including any file) obtained from and through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Cap’n Kids Fishing Adventures, Inc. will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on Cap’n Kids Fishing Adventures, Inc., it shall be limited to the cost of re-applying that information
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Massachusetts, United States of America. You agree to submit to the non-exclusive jurisdiction of the courts of the state of Massachusetts, United States of America.
TERMS AND CONDITIONS OF TRIP:
1. The proprietors reserve the right without notice to substitute any vessel.
2. The proprietors reserve the right at any time to cancel any trip.
3. Passengers must be ready at the point of departure stipulated within thirty minutes of the departure time.
4. The Captain reserves the right to modify or cancel trips due to unforeseen conditions. If, in the opinion of the captain, the voyage cannot be continued for any reason, then the captain may terminate the trip at any time.
5. The proprietors are not common carriers and reserve the right to refuse to carry any passenger, baggage or goods without assigning any reason. Therefore, passengers shall comply with all regulations, orders or instructions given by the captain. The proprietors shall not be responsible for any damage or loss occasioned.
6. Passengers shall not carry any explosives, volatile spirit or other goods of a dangerous, inflammable or offensive nature. In the event of a passenger being required not to embark or to disembark from the vessel under the provisions of this condition, the proprietors, nor the captain shall be under any liability to such passenger of any kind whatsoever.
7. This ticket is available for use on the day of issue only. The proprietors reserve the right to grant a credit for the issue of a ticket on another trip but no refund shall be given.
8. In the event that any specified trip is canceled, then the proprietors may, at their option either refund the fare or issue the passenger a ticket for another trip.
9. The Captain, Crew and the proprietors shall not be responsible for any injury to person or damage to property arising out of any trip.
10. Proprietor shall mean Cap’n Kids Fishing Adventures, Inc., successors and assigns.
11. If we Cap’n Kids Fishing Adventures, Inc. staff cancel the trip, the reservation will either be rescheduled or a full refund will be provided.
12. Should you elect to cancel, reschedule, and or make any other changes to your reservation you must do so no later than 24 hours in advance of your departure time. Changes via email are not accepted. Contact our office (508) 430-0066 for any reservation changes.
13. A cancellation made less than 24 hours prior to departure incurs a 100% cancellation fee. NO REFUND.
BE PREPARED, NO REFUND FOR SEASICKNESS
14. Don’t let seasickness spoil your day visit your local Pharmacy or Natural Health Food Store.
15. Do not board the Cap’n Kid if you or any member of your reservation have a fever (100 degrees or higher); cough, shortness of breath; recent loss of taste or smell; have recently visited a COVID-19 hot spot; have know exposure to COVID-19; have tested positive for COVID-19 and/or have COVID-19 test results pending.
16. Effective May 29, 2021 The Commonweath of Massachusetts’s face covering order is rescinded. The Massachusetts Department of Public Health will issue a new face covering advisory consistent with the Centers for Disease Control and Prevention’s updated guidance. Cap’n Kids Fishing Adventures, Inc. reserves the right to enforce face covering guidelines as per Massachusetts, Federal and Local guidelines.
17. Please arrive at Cap’n Kids Fishing Adventures, Inc. ticket booth at least 30 minutes prior to your departure time. Please observe social distancing when arriving at the ticket booth to check in for your trip and receive your tickets.
Thank you and enjoy your trip.
~ Privacy Notice Table Of Contents:
~ Our Commitment To Privacy
~ The Information We Collect
~ How We Use Information
~ Our Commitment To Data Security
~ Our Commitment To Childrens’ Privacy
~ How To Access Or Correct Your Information
~ How To Contact Us
Our Commitment To Privacy
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our reservation system and where personally identifiable information may be requested.
The Information We Collect:
This notice applies to all information collected or submitted on the Cap’n Kids Fishing Adventures, Inc. website. On some pages, you can reserve a trip, make requests, post comments and or register to receive materials. The types of personal information collected at these pages are:
Credit/Debit Card Information: (Credit/Debit Card Information is collected via PayPal) (etc.)
The Way We Use Information:
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.
We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Our Commitment To Children’ Privacy:
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information beyond the first name, unless last name is provided to Cap’n Kids Fishing Adventures, Inc. by the customer, of the children in your party at our website from those we actually know are under 13.
How You Can Access Or Correct Your Information
You can access all your personally identifiable information that we collect online and maintain by contacting us via email or written request. We use this procedure to better safeguard your information.
You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.
To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
How To Contact Us
Should you have other questions or concerns about these privacy policies, please call Cap’n Kids Fishing Adventures, Inc. at (508) 430-0066.