Terms and Conditions
This is the user agreement for all advertisements placed on www.sydneyboats.com.au
The services available on http://www.sydneyboats.com.au
are provided by sydneyboats postal address PO Box TBA.
This agreement describes the terms and conditions applicable to your use of our
classified advertising services at this sydneyboats website. If you do not agree
to be bound by this agreement, you may not use or access our services. You must
read, agree with and accept all of the terms and conditions contained within this
user agreement before you may avail of our services. Placing a classified advertisement
on this website constitutes your acceptance of all of the terms contained within
this agreement.
We may amend this agreement at any time by posting the amended agreement on our
website. Any amended agreement will govern your use of this service from the date
that it is posted on our website. No other amendment to this agreement will be effective
unless made in writing, signed by you and by the proprietors of sydneyboats.
Copyright
The copying of advertisements and photographs from this website for use on your
own or a third party website is expressly forbidden. In particular, the copying
of listings for the purposes of relisting on other websites is not permitted. Advertisers
have no right to instruct, induce or otherwise advise a third party to copy their
advertisement(s) from http://www.sydneyboats.com.au
for reproduction in any other media, including but not limited to magazines, websites,
and television. Advertisers wishing to use the same materials for the placement
of advertisements with other advertising services must supply those materials directly
to the publishers of those services.
www.sydneyboats.com.au
advertisements are only an advertising service
sydneyboats does not assume to be anything other than a web site for the advertisement
and resource for those wishing to purchase a boat. sydneyboats.com.au is not a
boat broker, finder, dealers or any other form of marine business. We do not review
listings provided by users and we are not involved in transactions between buyers
and sellers. We have no control over the quality, safety or legality of the items
advertised the truth or accuracy of the listings, the ability of sellers to sell
items or the ability of buyers to buy items. Do not assume that the offer, sale,
purchase, export or import of any item is valid and legal simply because it is listed
on our website. We are not responsible for ensuring that buyers and sellers actually
complete a sale. You accept sole responsibility for the legality of your actions
under laws applying to you.
Identity Verification
sydneyboats cannot guarantee the identity nor the validity of the information which
users post to our website. It is important that you must satisfy yourself as to
the true identity of anybody whose advertisement you respond to, or subsequently
enter into a transaction with.
Release
In the event that you have any right, claim or action against any other user arising
from that user's use of our website, you agree to pursue such right, claim or action
independently of and without recourse to us, and you release sydneyboats from all
claims, liability, damages, losses, costs and expenses, including legal fees, known
and unknown, arising from or in any way connected with such right, claim or action.
Information Control
We do not control the information provided by other users which is made available
through our system. You may find other user's information to be offensive, harmful,
inaccurate or deceptive. Please use caution and common sense when using our site.
Please note that there are additional risks associated with dealing with foreign
nationals, underage persons or people acting under false pretence.
Advertising
If you are a seller, you must ensure that you are legally able to sell the item
in question. All items must be listed in an appropriate category. Each advertisement
must detail one vessel, item or service only. No reference to other websites may
be made in the classified advertsement, unless expressly agreed to by yourself and
sydneyboats. You may not embed HTML tags, scripting code, or other special character
codes in the content of the advertisement. You must not list any item on our website
that could cause us to violate any applicable law.
Fees
Unless otherwise stated, all fees are payable in Australian dollars. Whether you
are a business or not, goods and services tax and other taxes may apply to your
transaction. Advertisers will be responsible for paying all fees associated with
using our service and our website and all applicable taxes.
Personal Information
Your personal information is defined as any information you provide to us or other
users in relation to the www.sydneyboats.com.au service including the registration,
advert enquiry and listing process (including without limitation, any description
of items advertised), and any other content that you post within our website. You
are solely responsible for your information, and we act as a passive conduit for
your online distribution and publication of your information.
Your personal information and your activities on our site must not:
I. be false, inaccurate or misleading;
II. be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence,
privacy or any other rights;
III. infringe any third party's copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy;
IV. be fraudulent or involve the sale of counterfeit or stolen items;
V. be in breach of any applicable laws or regulations (including but not limited
to, laws governing export control, consumer protection, unfair competition, anti-discrimination
or false advertising), licences or third party rights;
VI. be obscene, indecent or contain any kind of pornography;
VII. create liability for us or cause us to lose (in whole or in part) the services
of our ISPs or other suppliers;
VIII. link directly or indirectly to or include descriptions of goods or services
that: (a) are prohibited under this Agreement; (b) or you do not have a right to
link to or include;
IX. contain any computer viruses, macro viruses, trojan horses, worms or anything
else designed to interfere with, interrupt or disrupt the normal operating procedures
of a computer or to surreptiously intercept, access without authority or expropriate
any system, data or personal information;
X. cause our website to be interrupted, damaged, rendered less efficient or such
that the effectiveness or functionality of our website is in any way impaired.
Breach
Without limiting our other remedies, we may immediately issue a warning, suspend
or terminate your access to our service and refuse to provide our services to you
without notice to you: (a) if you breach this agreement or the documents incorporated
by reference; (b) if we are unable to verify or authenticate any information you
provide to us; or if we believe that your actions may cause legal liability for
you, our users or us.
No Warranty
We do not guarantee continuous, uninterrupted or secure access to our services,
and operation of our website may be interfered with by numerous factors outside
of our control. Our website and our services are provided as is and as and when
available and to the extent permissible by law we exclude all implied warranties,
conditions or other terms, whether implied by statute or otherwise, including without
limitation any terms as to skill and care or timeliness of performance.
Liability
In no event will sydneyboats, its officers, employees, contractors, subcontractors,
suppliers, agents, affiliates, subsidiaries, successors or assignees be liable to
any party for any direct, indirect, economic, special or other consequential damages,
loss of goodwill or loss of profits arising out of or in connection with the use
of this website, or use of any linked website, including without limitation any
liability arising from breach of contract, negligence and any other statutory, contract
and/or tort liability, even if sydneyboats have been expressly advised of the possibility
of such damages. The term 'damages' includes, without limitation, solicitor fees,
any lost profits, business interruption and loss of programs or other data on your
information processing system. sydneyboats expressly disclaims any liability for
third party information or opinions posted on this website that arises under criminal
or civil laws relating to defamation, intellectual property infringement, privacy,
obscenity, or any other area of law.
Choice of law
These terms shall be governed by and construed in accordance with Australian law.
The parties irrevocably agree that the courts of Australia shall (subject to the
paragraph below) have exclusive jurisdiction to settle any dispute which may arise
in connection with the www..sydneyboats..com.au service.
sydneyboats.com.au shall retain the right to bring proceedings as to the substance
of the matter in the courts of the country of your residence or, where these terms
are entered into in the course of y our trade or profession, the country of your
principal place of business.
General
You may not assign or transfer any of your rights under these terms. If any provision
of these terms is found to be invalid by any court having competent jurisdiction,
the invalidity of that provision will not affect the validity of the remaining provisions
of these Terms, which shall remain in full force and effect.
Failure by either party to exercise any right of remedy under these terms does not
constitute a waiver of that right or remedy.
Headings in these Terms are for convenience only and will have not legal meaning
or effect.