TERMS AND CONDITIONS
Last updated: 14 February 2008

Agreement between User and Boatsonline

The website boatsonline.com.au is offered to you, the User, conditional upon your acceptance without modification of the Terms, Conditions and Privacy Policy. It is your responsibility to check these Terms, Conditions and Privacy Policy. We reserve the right to change these without prior notice. Your use of this Website constitutes your acceptance of the outlined Terms & Conditions and Privacy Policy.

Terms of Use

The website and its content is provided for viewing and the prescribed use by subscribers only and is not to be copied, modified, linked, framed or published in any other website or media without our written consent. Users are prohibited from framing another website, web page or any material into the Boatsonline website. All source code, displayed content and design of the website is protected by international copyright law. Users agree not to introduce software, code or content that interferes with or alters in any way the functionality, quality or display of the website. Access to Subscriber administration areas of the website is granted to the subscriber only, excluding authorization to third parties who would gain commercial advantage by accessing the subscriber administration areas. Access details issued by the system are to be kept confidential and are only intended for the exclusive use of the subscriber.

Linking to boatsonline.com.au

Please contact Boatsonline if you would like to link to any page of boatsonline.com.au. To frame a part of the Boatsonline Website into another website or web page or email message, requires written consent (excepting search engines).

Copyright

Copyright of all content is owned by Boatsonline and respective advertisers and the use of images or copy needs Boatsonline’s or the advertiser's written consent.

Private Sellers Use of boatsonline.com.au

Private Sellers are advertisers other than BlueWater Subscribers.

Content limitations

boatsonline.com.au provides upload functions to place marine ads, boat wanted ads and bosuns locker ads by private advertisers. Ads that display other products than marine products will be deleted without notice and without refund. It is the seller's responsibility to provide truthful and honest information about the product placed on this website and to show the full cash price including GST of the advertised product. It is the seller's responsibility to correct and/or delete misleading and/or incorrect information from the ad upon request. If the seller fails to delete or correct misleading or false information, Boatsonline reserves the right to change said information or delete the ad completely without notice and without refund. Ad content cannot be changed to advertise another product's details and photos during the advertising period paid for unless our permission has been given to do so. Ad photos must not carry the business name, web address or copyright inclusion of a yacht broker.

Ad Listing Procedure

The following rules apply for the private seller: One 'marine ad' must display only one item for sale, details for the item and contact details for the item only. Users agree to maintain a high quality presentation of their product for sale that conforms to the boatsonline.com.au ad layout. Meaning: good photo quality, a reasonable amount of information and correct contact details, all entered in their respective allocated fields. We reserve the right to edit marine ads that do not comply with the Boatsonline standard of presentation and/or contain misleading or deceptive information. For protection of your privacy please refer to our Privacy Policy.

Bosuns Locker Listing Procedure

The following rules apply for the seller: The 'bosuns locker ad' must display only one item for sale, details for the one item only and contact details for the one item only. Users agree to maintain a high quality presentation of their product for sale that conforms to the boatsonline.com.au ad layout. Meaning: good photo quality, a reasonable amount of information and correct contact details, all entered in their respective allocated fields. We reserve the right to edit bosuns locker ads that do not comply with the Boatsonline standard of presentation and/or contain misleading or deceptive information. For protection of your privacy please refer to our Privacy Policy.

Functionality and Availability

The website is hosted externally on a Dedicated Server at the data centre in Atlanta, US. Genuine and commercially reasonable efforts are made to provide the website operating fault free 24 hours a day and, if the system malfunctions, to restore those services as soon as reasonably possible. Scheduled maintenance is performed from time to time and this may cause service interruptions.

Backup of Content

We will archive boatsonline.com.au data onto backup mechanisms on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to upload your marine ad again to our web site. We will not be liable for incomplete, out-of-date, corrupt or otherwise deficient marine ad data or bosuns locker data recovered from our backups.

WARRANTIES, LIABILITIES AND INDEMNITY

Warranties and Liabilities:We do not warrant that the services provided by Boatsonline will be uninterrupted or error free or that the software and services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems, the software is hosted with. By using our software you do so at your sole risk. We do not warrant the sale of your advertised marine product or bosuns locker and do not guarantee any number of website visitors or enquiries by website visitors for any individual marine ad, bosuns locker, advertising banner or web page displaying particular products or services. Boatsonline liability due to service disruption is limited to the amount paid by you for advertising services subscribed to.

Indemnity: None of Boatsonline and its hosting provider, its owners, directors, employees, partners or suppliers will be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind; including loss of use, data or profits, on any theory of liability, arising out of or in connection with the use of or the inability to use the software, website and services; any information that is sent or received or not sent or received; any failure to store or loss of data, files or other content.

PAYMENT, PRICING, REFUNDS AND TERMINATION

Payment by Credit Card Online: Credit card details for Private Seller marine ads are 128-bit SSL encrypted and transactions are executed via our Merchant Gateway with Card Access Services. Credit card details are destroyed upon completion of the payment process. At present we do not have export restrictions in place.

Pricing and Refunds: Prices may change without notice. All payments are final and refunds are only given in case of system error.

Termination: Non-compliance with the Terms & Conditions and/or interference with the functionality of the website will result in the termination of the ad without prior notice or refunds (if applicable).

Modifications of Terms & Conditions: Boatsonline reserves the right to modify the Terms & Conditions under which the website and its advertising software is offered to all users. Your continued use of the website constitutes your acceptance of the variations.

PRIVACY POLICY

We respect the privacy of our subscribers and visitors and therefore have adopted the following guidelines and rules.

What we do: We collect personally identifiable information about our users when they place an ad on boatsonline.com.au to provide the service requested. We place cookies on your computer to perform functions upon request, like creating a My Favourites list and executing Auto-Notify. Anonymous information like server-side website visitors statistics are monitored and evaluated. We reserve the right to edit marine ads and bosuns locker ads to conform to our standard of presentation, where such standard deviates due to error of software or input by user. We also reserve the right to delete ads containing misleading and false information.

Through online forms, we collect: Name Surname Postal Address Telephone Number Facsimile Number Email address IP address (for systems administration and troubleshooting).

We use this information for the following purposes: To give access to the ad listing facility and to allow subsequent editing of ads To confirm your ad placement via an automated email response To notify subscribers of events they chose to subscribe to To send email to you about our products and services To notify subscribers about any changes effecting our services.

Through statistical server software, we collect: Website statistics

We use this information for the following purposes: Marketing advertising on the website Marketing our BlueWater software

Through the use of cookies, we place: Your Favourites list, if selected

What we don't do: We do not, under any circumstances: Link IP addresses to anything personally identifiable Provide personal information to any third party Share the information we track on this site, in any form, with advertisers or any other parties Release personal information about any individual visitor Harvest information from your computer Watch your individual viewing habits for targeted advertising.

Unsubscribe

Upon request, we will remove any subscriber (and his or her personal information) from our mailing lists. Any such request should be sent via email to admin@boatsonline.com.au Removal from the auto-notification system for 'Boat for Sale just listed' is the user's responsibility, an automated unsubscribe-facility is provided on the Auto-Notify email received by the user. Boatsonline is not responsible for the privacy policies of external web sites to which boatsonline.com.au may link.

Disclaimer

All content for marine ads is published as provided by the vendors. Boatsonline accepts no responsibility for errors, omissions or misrepresentations and eventual consequenses or damages of any kind thereof. Notification of errors or misrepresentations should be directed to the seller of the advertised product via the EMAIL SELLER form, located on the marine ad within the Contact section. In the event of the seller's failure to comply to such a request, we ask to be notified of such via admin@boatsonline.com.au and will act according to our Terms & Conditions - Content Limitations. Boatsonline is not responsible for content of external websites accessed by links from boatsonline.com.au. Services provided by third parties via boatsonline.com.au are beyond our control and we take no responsibility for their services.