Agreement Between User and boatsplus.com.au
The websites of boatsplus.com.au, include but are not limited to boatsplus.net.au Website that utilise the boatsplus.com.au search engine or any search engine provided by any other network site (including but not limited to www.boatsplus.com.au) are also covered by these terms and conditions in relation to any components provided or hosted by boatsplus.com.au - for example: Dealer Websites. These websites are offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions, and notices.
Personal and Non-commercial Use Limitation
These websites are for your personal and non-commercial use only. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from these websites without obtaining prior written approval of boatsplus.com.au.
You may not use any part of the material on the websites of boatsplus.com.au to establish, promote, maintain or provide, or assist in establishing, promoting, maintaining or providing your own publications, Internet site or other means of distribution without obtaining prior written approval from boatsplus.com.au.
Copyright and Trademark Notices:
All contents of these websites are: Copyright boatsplus.com.au 2007 and/or its suppliers. All rights reserved.
Not to Provide Inaccurate or Deceptive Information
As a condition of your use of these websites, you agree that you will not provide inaccurate or deceptive information when completing forms provided to enable you to enquire about goods or services.
boatsplus.com.au reserves the right to monitor email enquiries.
The information, software, products, and services published on any boatsplus.com.au website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. boatsplus.com.au and/or its respective suppliers may make improvements and/or changes to these websites at any time.
boatsplus.com.au and/or its respective suppliers make no representations about the suitability of the information, software, products, and services contained in these websites for any purpose. All such information, software, products and services are provided "as is" without warranty of any kind. boatsplus.com.au and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall boatsplus.com.au and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of these websites or with the delay or inability to use these websites, or for any information, software, products, and services obtained through these websites, or otherwise arising out of the use of these websites, whether based on contract, tort, strict liability or otherwise, even if boatsplus.com.au or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
No Unlawful or Prohibited Use
As a condition of your use of these websites, you warrant to boatsplus.com.au that you will not use these websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Links to Third Party Sites
These websites may contain hyperlinks to websites operated by parties other than boatsplus.com.au. Such hyperlinks are provided for your reference only. boatsplus.com.au does not control such websites, and is not responsible for their contents. The inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by boatsplus.com.au, and such communications shall not be considered reviewed, screened, or approved by boatsplus.com.au. boatsplus.com.au reserves the right for any reason to remove without notice, any contents of the Forums received from users, including without limitation bulletin board postings. boatsplus.com.au reserves the right to deny in its sole discretion any user access to its websites or any portion thereof without notice.
Please note that all Software, including without limitation all HTML code and ActiveX controls contained in these websites, is owned by boatsplus.com.au and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement.
You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations Australia. You agree not export or re-export the Software, directly or indirectly, to any countries that are subject to Australian export restrictions.
This agreement constitutes the whole agreement.
a. This document, the order and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties. All previous negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged herein and otherwise are hereby excluded and cancelled.
b. To the extent that any warranties are implied by law, are not capable of being excluded or modified, the total liability of boatsplus.com.au, its employees and agents for breach of such warranties is limited to one or the other of the following at the option of boatsplus.com.au:
i. The supplying of the services again; or
ii. Payment of the costs of having the services supplied again.
What law governs this agreement?
This agreement is governed by and construed in accordance with the laws of Australia and the parties irrevocably submit to the exclusive jurisdiction of the courts in that state.
Modification of These Terms and Conditions
boatsplus.com.au reserves the right to change the terms, conditions, and notices under which these websites are offered.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and boatsplus.com.au as a result of this agreement or use of these websites.
Any rights not expressly granted herein are reserved.
boatsplus.com.au is owned and operated by Boats Plus ABN 38641542271