Terms Of Use

Boatplace Terms of Use

Information about boatplace.com.au's Terms of Use

From time to time, boatplace.com.au may make services available via the boatplace.com.au.com website. These boatplace.com.au.com services, and the boatplace.com.au.com website, will be collectively referred to as "boatplace.com.au.com" in these terms.

Your access to and use of boatplace.com.au.com is subject to these terms, boatplace.com.au's Privacy Statement and the boatplace.com.au.com Copyright and Terms of Use, whether or not you become a member of boatplace.com.au.com. Prior to using boatplace.com.au.com, you should read and understand the Terms of Use.

Unless expressly stated otherwise in these terms, boatplace.com.au.com is for residents of Australia only.

1. What you must do

1.1 You must use boatplace.com.au.com in accordance with the Terms of Use.
1.2 If you are under 18 years of age, you must obtain a parent/guardian's consent prior to using boatplace.com.au.com.
1.3 If you are using boatplace.com.au.com on behalf of another person ("Authorising Person"); for example, your employer, you must be authorised to use boatplace.com.au.com; and enter into the Terms of Use, on behalf of the Authorising Person.

2. What you must not do

2.1 You must not:
- use boatplace.com.au.com for any activities, or post or transmit to or via boatplace.com.au.com any information or materials, which breach any laws or regulations, infringe a third party's rights or privacy, or are contrary to any relevant standards or codes
- use boatplace.com.au.com in a way, or post to or transmit to or via boatplace.com.au.com any material, which interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using or enjoying boatplace.com.au
- use boatplace.com.au.com to send unsolicited commercial or bulk electronic mail messages to anyone
- make any fraudulent or speculative enquiries, bookings, reservations or requests using boatplace.com.au
- provide false information when registering or changing your boatplace.com.au registration details
- impersonate another person when using boatplace.com.au
- post to or transmit to or via boatplace.com.au.com any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings
- tamper with, hinder the operation of or make unauthorised modifications to boatplace.com.au
- knowingly transmit any virus or other disabling feature to or via boatplace.com.au; and
- attempt any of the above acts or permit another person to do any of the above acts.

3. Third party content

3.1 Many of the products and services offered for sale or advertised and much of the information provided via boatplace.com.au.com are the products, services and information of third parties.
3.2 The third party products, services and information are not provided or endorsed by us. Where it is apparent that products, services and information are not provided by us, your legal relationship in respect of those products, services and that information is with the third party supplier.
3.3 We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own enquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services supplied via boatplace.com.au.com. You should check with the third party supplier whether there are additional charges and terms which may apply.
3.4 We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on boatplace.com.au.com or accessible through a hyperlink on boatplace.com.au.com. You acknowledge and consent to us receiving the fees.

4. Prices and products and services are subject to change

4.1 All prices displayed and products and services offered for supply on boatplace.com.au.com are subject to change without notice. You should check the price of a product or service before placing an order for it.

5. Messaging Services

5.1 We may provide messaging services such as EmailAlerts via boatplace.com.au

6. Security

6.1 For security reasons we may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the boatplace.com.au.com servers. In addition to the types of loss set out in clauses 9.4 and 9.5 for which we are not responsible, we are not responsible for any information you may lose if the boatplace.com.au.com servers terminate your browser session due to prolonged periods of inactivity between your browser and the boatplace.com.au servers.
6.2 You must comply with all directions issued by boatplace.com.au relating to use and access to boatplace.com.au.com. boatplace.com.au is not responsible for providing the computer, hardware, software nor any other equipment necessary to access the Internet. If you choose to use a workplace email address to access boatplace.com.au.com, you are responsible for ensuring that such use complies with any rules, policies or protocols which apply to the use of the Internet in your workplace.
6.3 We will take reasonable steps to secure boatplace.com.au.com and the systems in our control that are used to access boatplace.com.au.com. However, the internet is sometimes unreliable and is a difficult medium to secure. boatplace.com.au does not guarantee the security of boatplace.com.au.com or the systems (including the internet and your hardware and software) used to access boatplace.com.au.com, or any information that passes through such systems.

7. Privacy

7.1 boatplace.com.au may use and provide personal information about you that is collected by boatplace.com.au on boatplace.com.au.com. The collection and provision of this information is subject to privacy laws. boatplace.com.au will comply with the boatplace.com.au Privacy Statement in dealing with any personal information provided by you via boatplace.com.au
7.2 We offer you the ability to access personal information under the Terms of Use, on the strict condition that you only do so for the sole purpose of accessing your own personal information or accessing personal information of the Authorising Person, as authorised by the Authorising Person.
7.3 To avoid doubt:
- by authorising a person to use your Member ID under clause 6.3, you authorise boatplace.com.au to disclose to that person your personal information and
- by requesting via boatplace.com.au.com that boatplace.com.au send billing and payment information to a person's email address or phone number, you authorise boatplace.com.au to disclose to that person your personal information, in each case including information related to your boatplace.com.au billings and payments.

8.Our liability to you

8.1 Given the nature of telecommunication systems, particularly the internet, we cannot guarantee that boatplace.com.au.com will always be available or fault or virus free.
8.2 The terms that apply to the supply of boatplace.com.au.com are those that are expressly set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.
8.3 Subject to clauses 8.4 to 8.7, we accept our liability to you for breach of contract or negligence under principles applied by the courts.
8.4 We are not responsible for: loss caused by factors which could reasonably be considered to be outside our control such as faults in third party equipment loss of data or loss of profits or revenue and any loss to the extent that it is caused by you, for example, through your negligence or breach of contract.
8.5 The messaging services available via boatplace.com.au.com are provided to you for the sole purpose of personal, domestic or household use, and not business or commercial use. We do not accept liability for losses that result from the use of the messaging services in connection with the conduct of a business. However, we will accept that liability if it cannot be excluded under legislation.
8.6 You must take reasonable steps to minimise the extent of the loss you may suffer as a result of boatplace.com.au.com. For example, you should take reasonable steps to ensure that you will not suffer loss if e-mail is not always available.
8.7 You must notify us in writing of your loss as soon as is reasonably possible.

9. Your liability to us

9.1 Subject to clause 9.2, you are liable to us for breach of contract or negligence under the principles applied by the courts.
9.2 You are not liable for any loss to the extent that it is caused by us, for example, through our negligence or breach of contract.

10. Change of the Terms of Use

10.1 We may change the Terms of Use by obtaining your consent or giving notice to you in accordance with this clause 11 and clause 13.2. The period of notice we will give you depends on the type of change.
10.2 If the change will benefit you, we can make the change immediately and are not required to notify you prior to the change.
10.3 If the change has a detrimental impact on you but is
- required by law
- necessary for security reasons
- to prevent fraud, or
- for technical or infrastructure reasons, we will try to give you 3 days prior notice of the change. Sometimes, due to the nature of the change, we may not be able to give you three days prior notice but we will give you as much notice as we reasonably can. Notice may be provided to you in the manner set out in clause 13.2.

10.4 If we reasonably consider that the change will have a significant detrimental impact on the majority of our customers using boatplace.com.au.com or on a specific class of customers who use boatplace.com.au.com in a particular way (and you are one of this class), and the change is not of a type described under clause 11.3, we will give you at least 30 days' prior notice of the change.
10.5 If the change is not of a type described in clause 11.2, 11.3 or 11.4, we will give you at least 10 days' prior notice of the change
10.6 If we change the Terms of Use under this clause 11, you may choose to stop using boatplace.com.au.com. Any use of boatplace.com.au.com after a change of the Terms of Use takes effect will be governed by the varied Terms of Use.
10.7 We do not have to notify you if we make changes to the boatplace.com.au.com website.

11. Termination

11.1 You may stop using boatplace.com.au.com at any time, for any reason.
11.2 We may stop making boatplace.com.au.com, or a part of boatplace.com.au.com, available with 30 days' prior notice. Notice may be given in the manner set out in clause 13.2.
11.3 We may immediately suspend, terminate or limit your access to boatplace.com.au.com if: you are in breach of the Terms of Use and:
- (i) the breach is something which cannot be remedied or
- (ii) you fail to remedy the breach within 30 days' of our written notice to you of that breach
- there is an emergency.
11.4 If you enter a contract for the supply of goods and/or services via boatplace.com.au.com, that contract will not be affected if boatplace.com.au stops making boatplace.com.au.com or part of boatplace.com.au.com available to you, unless the goods and/or services are supplied via boatplace.com.au

12. Communication with you

12.1 As part of some boatplace.com.au.com services available via boatplace.com.au.com, we may communicate with you via email, or an SMS, or both, to an email address or a mobile phone number nominated by you. When we do this (except as set out in clause 13.2), the following will apply:
- you are responsible for ensuring that your contact details for the online service/s are current, your email service or mobile phone account is operational and that you check your emails or mobile phone regularly for messages and
- you must notify boatplace.com.au as soon as possible of any changes to your contact details for the online services using the online method provided by boatplace.com.au.

12.2 Despite clause 13.1, for the purposes of clauses 11 and 12.2, we will give you notice by:
- posting the content of the notice to boatplace.com.au.com and
- sending an email to you setting out the content of the notice.

12.3 From time to time, in addition to giving you notice in the way required of us by clause 13.1 or 13.2, we may choose to also give you notice by another method. If we give you such additional notice, you should not presume that we will do this every time.

13. Use of your information and material

13.1 When you send us any feedback, suggestions, ideas or other materials in relation to or via boatplace.com.au.com, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.

14. Goods and Services Tax

14.1 If GST is imposed on any supply made by us through boatplace.com.au.com, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you under any other clause in the Terms of Use. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.

15. General matters

15.1 If any of the Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.
15.2 If we do not act in relation to a breach by you of the Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches. If you do not act in relation to a breach by us of the Terms of Use, this does not waive your right to act with respect to subsequent or similar breaches.
15.3 You may not assign or transfer your rights or benefits under the Terms of Use to any other person or entity without our prior consent, which we will not unreasonably withhold.

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