Terms of Use
Myleisureport Holdings Pty Ltd (ACN 136 765 627) (“us” or “we”) operates the myboatingshop.com site. As a user of this site your use of it and other linked sites operated by us (collectively, the “site”) is subject to the terms set out (which apply to all users of the site) our Privacy Policy and any other rules, guidelines and policies referred to in these terms (collectively, the “Terms”).?
About the myboatingshop.com site
The myboatingshop.com site is an online community forum and marketplace that provides a conduit for the on-line distribution and publication of information about services and items advertised for sale. Items are advertised for sale via traditional advertising (where potential buyers can browse listings and then purchase items by contacting sellers and negotiating the sale privately) and the site may also enable registered sellers and buyers to enter into transactions with each other on-line.?
Copyright
Copyright in the content on the site and in the site itself (as a compilation of information) is owned by us, our advertisers or content suppliers.
Usage rules
(a) You must comply with the Terms when accessing and using the site. (b) The site and the material contained on it are supplied solely for reference purposes. (c) You may download and print individual advertising listings from the site for your own private, non-commercial use. Apart from this, you must not use, reproduce, communicate, publish, or distribute any of the content on the site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth). In particular, you must not reproduce or use any of the advertising listings on the site for commercial purposes or for commercial gain.
Other websites
(a) The site may contain links to other websites which are not maintained or controlled by us ("third party site"). Third party sites are not part of the site. These links are provided by us solely for your convenience. (b) We make no representations or warranties whatsoever about any third party site. We do not endorse, and accept no responsibility for, the content or use of any third party site. If you link to any third party site, you leave the site and do so entirely at your own risk.
Access to site outside Australia
We do not represent or warrant that the content on the site complies with the laws of any country outside of Australia. If you access the site from outside Australia, you do so at your own risk.
No offer where illegality arises
Nothing on the site constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.
No Warranty
We provide our services with reasonable care and skill and endeavour to ensure availability of our services and access to the site. However, availability of our services and access to the site may be interfered with by numerous factors, including those outside our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, we do not warrant or represent that our services and/or your access to the site will be continuous, uninterrupted, timely, fault free, virus free or secure.
Privacy
We collect, use and disclose personal information in accordance with our Privacy Policy.
Changes to the Terms
(a) From time to time, we may need to change the Terms to reflect our changing business. We may also need to change the Terms if we are required by law, for security reasons or for technical or infrastructure reasons. (b) We may change the Terms (including any policy incorporated in the Terms) at any time by posting the changed Terms on the site and by posting a notice to users on our homepage stating that a change has occurred. (c) If you are a seller, these changes will not apply to advertisements that you have already placed.
Miscellaneous
(a) We and you are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by the Terms.?(b) If any of the Terms are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.?(c) If we do not act in relation to a particular breach by you of the Terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches. If you do not act in relation to a particular breach by us of the Terms, this will not be treated as a waiver by you of your right to act with respect to subsequent or similar breaches.
Transactions between sellers and buyers
We have no control over and, to the fullest extent permitted by law, make no warranties in relation to, the suitability, quality, safety or legality of any items or services advertised on the site, the accuracy or truth of any advertising listings on the site or the ability of sellers and buyers to actually enforce or complete a transaction.
Placing an advertisement
(a) If you place an advertisement on the site you must also comply with our Rules for Advertisers. (b) To the extent that you are legally able to, you hereby assign all copyright in your advertisement to us.?(c) You grant us a licence to use, reproduce, modify, adapt and sub-licence any content you provide to us (to the extent that it is not owned by us under paragraph (b)) (“Your Content”) for the purposes of providing your advertisement and including Your Content in any other directory, product, service or marketing material provided or used by us or by a third party. You agree that this agreement applies to the inclusion of Your Content in those other directories, products, services and marketing materials.
Minimum age and legal rights to sell, buy or post comments
(a) You must be at least 18 years of age to place an advertisement with us, or buy an item via the site, or submit any questions, responses or comments (“Posts”) on the site.?(b) If you are a seller you must be legally able to sell the item you are advertising.
Advertising Usage rules
(a) You warrant to us that you will not use the site for any purpose (including if you are a seller, placing an advertisement) that is unlawful or prohibited by the Terms. (b) You must not: (i) data mine or conduct automated searches on the site or the content on the site, whether through the use of additional software or otherwise; (ii) incorporate any of the content on the site with any other material, including advertising or promotional material; (iii) create HT links from the site to any other website on the Internet, or frame or mirror the site without our prior written consent; (iv) use the site or any facilities available on the site (including discussion forums) for any activities (including placing an advertisement), or transmit to or via the site any information or material (including Posts), which: (A) breaches any laws or regulations;?(B) breaches the Terms;?(C) infringes a third party's rights (including intellectual property rights and rights of privacy) or misuses another person’s confidential information;?(D) is inappropriate, offensive, obscene, threatening, indecent, menacing, inflammatory, pornographic, defamatory, discriminatory, harasses any person or otherwise inhibits others from using or enjoying any of our sites (including discussion forums); (E) breaches the Communications Policy;?(F) is false or misleading; (G) is an unsolicited commercial electronic message;?(H) impersonates another person (for example, by pretending to be someone else when you submit a Post or register as a member) or uses another user’s account without permission; or?(I) identifies a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority; (v) make unauthorised modifications to the content on the site; (vi) knowingly transmit any virus, worm, Trojan horse or other disabling feature to or via the site; or?(vii) attempt to do, or permit another person to do, any of the above acts. (c) You may only buy or sell using the site if you reside in Australia.?(d) It is your responsibility to notify us upon the sale of the item in your advertisement to ensure that the advertisement is removed from the site and that you are no longer charged for your advertisement.
Our right to alter or withdraw your material
We may withdraw or alter any material you provide us (including any Posts you submit and if you are a seller, your advertisement) if: (a) we reasonably consider it is inappropriate, offensive, misleading or deceptive, defamatory, incorrect or in any other way in breach of the Terms (including any rules, guidelines or policies), any law or third party rights; (b) we are instructed to do so by any third party.?(c) otherwise in accordance with our Intellectual Property Protection Policy, as amended from time to time.?We also reserve the right to select, edit, condense, determine the duration of, change the nominated "category" of, withdraw or refuse your advertisement.
Communications to you
(a) Any communications or notices we send you in relation to your transactions or use of the site are not intended to endorse or guarantee your transactions. We do not endorse or approve any information provided to you by other users of the site and it is your responsibility to exercise caution and practise safe trading when transacting on the site.?(b) You may receive service related emails from us and such messages will not include a functional unsubscribe facility.
Manipulation and improper use
(a) You must not manipulate, or interfere with, any item or the price of any item advertised on the site.?(b) You must not include any links in your advertisements or posts you make on the site to, or describe, any items that are identical to items you have advertised on the site that are priced lower than the reserve or minimum bid that you have selected for your items on the site.
Fees
(a) We will notify you the fees payable for your use of the services available on the site and you will be responsible for paying these fees in accordance with our Fees & Charges Policy.?(b) To assist us in providing a safe online trading environment for buyers and sellers, your credit card may be verified before your registration is complete. This may cause a temporary charge to be placed on your credit card to the value of $1. This is not a permanent charge and will be removed as soon as possible once the authorisation is complete. Time taken to remove the charge will vary depending on your financial institution.
No Warranty as to Advertising
(a) We take all reasonable care in compiling our online material and advertising. However, the information on the site is provided 'as is' and we do not warrant or represent that it is complete, current or free from errors or omissions. (b) We accept advertisements in good faith on the basis of warranties provided by each advertiser. We do not warrant or represent that the products or services advertised on the site will be suitable for any particular purpose, or that an advertiser has any particular qualifications or is legally entitled to carry on a particular business. You must investigate for yourself the suitability, quality and condition of any goods or services advertised on the site. It is your responsibility to verify any information on the site or provided to you by other users of the site before relying on it.
Our liability to you
(a) The terms that apply to our supply of the site are those that are 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. (b) We accept our liability to you for breach of contract or negligence under the principles applied by the courts, but: (i) we do not accept liability to you for losses that result from your use of our services in connection with the conduct of a business. However, we will accept that liability if it cannot be excluded under any legislation. If that liability cannot be excluded but can be limited under any legislation, we limit our liability to re-supplying, repairing or replacing the relevant goods or services (or payment of the cost of re-supply, repair or replacement) where it is fair and reasonable to do so; (ii) we are not liable for any loss to the extent it is connected with any dispute between you and one or more other users of the site, including in relation to transactions entered into with other users of the site; (iii) we are not liable for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract); (iv) we are not liable for any loss to the extent that it results from your failure to take reasonable steps to avoid or minimise your loss; and (v) we are not liable for any loss caused by us failing to comply with our obligations to you where that loss is caused by events outside our reasonable control (such as a malfunction in equipment or software, Internet access difficulties or delay or failure of transmission). (vi) we are not liable for any loss caused by the alteration, withdrawal or restoration of any material in accordance with our terms and policies.?(c) You release us from all claims, demands, damages, costs, penalties and liabilities whatsoever arising out of or in connection with a dispute between you and any other user of the site.
Your liability to us
(a) You are liable to us for breach of contract or negligence under the principles applied by the courts. However, you are not liable to us for any loss to the extent that it is caused by us (for example through our negligence or breach of contract). (b) You agree to indemnify us and our officers, employees and agents, against all claims, demands, damages, costs, penalties and liabilities caused by your breach of the Terms.
Termination, suspension and limitation of your access - material breach by you
(a) We may bar, suspend, terminate or limit your access to the site at any time if you are in material breach of the Terms and:?(i) we have told you in writing of your breach and you have failed to remedy it within the specified time frame; or?(ii) the breach is something which cannot be remedied (in which case we can bar, suspend, terminate or limit your access to the site immediately by telling you). (b) If you are in material breach of our terms and conditions and we have barred, terminated, suspended, or limited your access, you must not circumvent this action by any means, including but not limited to placing further advertising under another name or pseudonym. If we identify that this has taken place the advertisement will be immediately removed without further notice to you and you will forfeit all fees paid. Additional terms on barring, termination and suspension are set out in our Termination Policy.
Our other rights to suspend terminate or limit your access
We may suspend, terminate or limit your access to the site with as much warning as we reasonably can, if: (a) we reasonably believe that there is a real risk of loss or damage to us or another if we do not suspend, terminate or limit your access to the site (including credit risk resulting from you not paying any fees owed to us on time); (b) the law requires us to do so; (c) we believe on reasonable grounds that providing access to the site to you is illegal or may become illegal; (d) there is an emergency; or (e) we have received a serious complaint or multiple complaints regarding your activity and/or membership.
