Terms & Conditions
1. About BoatDeal
(a) BoatDeal (www.boatdeal.com.au) is an Australian owned and operated website. BoatDeal is a digital marketplace operating advertising space for products such as but not limited to boats, boat accessories, boat memberships and boat shares or equity.
(b) BoatDeal publishes information in the form of advertisements, products, services, data, valuations and other content supplied by both BoatDeal and third parties. BoatDeal does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such material published on the BoatDeal website.
(c) BoatDeal does not provide any warranty in relation to any goods or services advertised for sale on the BoatDeal website by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller or owned by the seller.
(d) Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(e) BoatDeal reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication.
2. Personal and Non Commercial Use Only
(a) Use of BoatDeal is for your personal and non-commercial use only. Except for the Material held in your computers cache or a single permanent copy of the Material for your personal use you must not without the prior written approval of BoatDeal:
- modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
- use or attempt to use any Material published on BoatDeal to create any web site or publication or searchable database;
- mirror or frame BoatDeal or any page on the site;
- use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material on BoatDeal or generate or compile any document, index or database based on the Material published on BoatDeal;
- transfer or sell any information, functionality or products or services offered on BoatDeal; or
- undertake any other action which is in violation of these terms and conditions (or other terms and conditions and policies referred to in these terms and conditions) or any applicable law.
(b) If BoatDeal considers, in its absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these Terms and Conditions or in a manner contrary to BoatDeals interests, then BoatDeal may immediately terminate your right to access and use BoatDeal at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action and / or further access to BoatDeal.
3. BoatDeals Liability to You is Limited
(a) Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by BoatDeal are HEREBY EXCLUDED.
(b) To the full extent permitted by the law, BoatDeal will only be liable to you:
- pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of BoatDeal is limited, at BoatDeals option, to (A) replacing or repairing the relevant goods, (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply;
- subject always to subclause 6(d), if Your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by BoatDeal.
(c) Subject to subclause 6(b), and except to the extent that liability cannot be excluded, BoatDeal, will not be liable to you: for claims arising out of or in connection with your access and use of BoatDeal and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute;
(d) To the full extent permitted by law, BoatDeal will not be liable to you for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
(e) For the purposes of this section, the term BoatDeal will mean BoatDeal, its officers, employees, contractors and agents, whether individually or collectively.
(f) These terms and conditions will survive the expiration or termination of this agreement.
4. Copyright, Trademarks and Licence
(a) Material on BoatDeal is © and is protected by Australian and international copyright and intellectual property laws. All rights not expressly granted under these terms and conditions are reserved by BoatDeal. Unless otherwise indicated on BoatDeal, the material on boatdeal.com.au is owned by or licensed to BoatDeal and is subject to copyright (the "Copyright Material").
- only copy or reproduce the Copyright Material for the purpose of browsing boatdeal.com.au or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;
- not alter or modify the Copyright Material in any way or remove any legal notice associated with it.
(c) boatdeal.com.au and other names of BoatDeal products and/or services referenced herein are trademarks or registered trademarks. Other product and company names mentioned on BoatDeal may be the trademarks of their respective owners. Nothing displayed on BoatDeal should be construed as granting you any intellectual property rights including the right to use any trademark, without BoatDeals (or the relevant owner’s, if applicable) express written consent.
5. Membership to BoatDeal
(a) If you choose to become a member of BoatDeal, additional products and services may be made available to you.
(b) By becoming a BoatDeal member, you agree to receive electronic communications from BoatDeal about its products and services.
(c) If you choose to utilise membership products and services, you agree to abide by any additional terms and conditions of those specific products and / or services.
(d) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including: an email address, preferred username, mailing address, telephone number, password, Company Name and Other Information such as ABN or ACN.
(a) Where the option is given to you, you may make payment by way of: Credit Card Payment ('Credit Card') or Debit Card Payment ('Debit Card').
(b) All payments made in the course of your use of the Services are made using Stripe ('Stripe'). In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
(c) You acknowledge and agree that where a request for the payment of products and or services fees, if it is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the products and or services' fees.
(d) You agree and acknowledge that BoatDeal can vary products and services fees at any time.
7. Refund Policy
BoatDeal will only provide you with a refund of products and services fees, in the event they are unable to continue to provide the products or services or BoatDeal, at its absolute discretion, makes the decision that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the products and services fees that remains unused by the Member (the 'Refund').
8. BoatDeal and Your Privacy
9. What Law Governs these Terms and Conditions
This Agreement is governed by and construed in accordance with the laws of the State of New South Wales Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
10. BoatDeal May Change These Terms and Conditions
(b) BoatDeal may cease to provide you with access to BoatDeal or any of its services without notice.
(c) All rights not expressly granted are reserved.