By using this website, you accept the terms of this Visitor Agreement.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH Oceanaqua Pty Ltd hereon referred to as boatbuyer OFFERS YOU ACCESS TO OUR SERVICES.
Note: If you do not agree to be bound by the terms and conditions of this Agreement, then do not use or access this website.
Welcome to the User Agreement for boatbuyer, a division of Oceanaqua Pty Ltd.
This Agreement describes the terms and conditions applicable to your use of our website and services available under the domain of www.boatbuyer.com.au. If you have any questions regarding our usage agreement please contact us.
Please read this agreement carefully.
Terms of Use & Conditions (User & Visitor Agreement)
BoatBuyer is a division of Oceanaqua Pty Ltd; herein any reference to boatbuyer or www.boatbuyer.com.au should also be viewed as if it reads Oceanaqua Pty Ltd.
We have attempted to make our terms and conditions as readable as possible. Please contact us should you require further clarification, or if your questions are left unanswered.
The information contained on this web site is intended for general information only and is neither complete nor definitive; Oceanaqua Pty Ltd is not liable for reliance on such information.
This web site also contains information maintained by unrelated organisations and individuals, such as manufacturers, distributors, boat dealers, boat brokers and private advertisers; Oceanaqua Pty Ltd is not liable for the accuracy or otherwise of that published information. At all times the advertiser is responsible for their own statements and actions.
Despite our efforts to provide useful and accurate information, errors may appear from time to time.
BoatBuyer encourages you to make any and all inquiries necessary to determine the accuracy of any information. Users of this website (you) should obtain independent advice and should not base your final decision based on the information provided on this site.
Highlighted Areas
Zero Tolerance Fraud Policy
In consultation with the Australian Federal Police we have developed a zero tolerance fraud policy and associated procedures. Each and every identified instance of fraud, or attempts at unauthorised access to our systems will be data-captured and immediately brought to the attention of the Australian High-Tech Crime Centre.
Delivery of service
Dealer Advertisements - will become active immediately, as dealers control their own listings and administration.
Refund Policy
Online Advertising is NOT refundable, unless we fail in our obligation to 'post' the information to our site.
Currency
All transactions are in Australian dollars.
GST
All prices on this website are inclusive of GST.
Cheque / Money Orders
Personal cheques are not accepted. Business cheques, bank cheques and money orders will be accepted; however Oceanaqua Pty Ltd is not obliged to post your advertisement until we are in receipt of cleared funds. The drawer agrees to pay any charges associated with dishonoured business cheque payments, and acknowledges that this method of payment will no longer be available to them once such an instance has occurred.
Credit Cards
Payments by Visa & Mastercard will be accepted, with the transaction appearing on your statement as Oceanaqua Pty Ltd. For your protection and peace of mind we do not capture and store any credit card data on our site, all transactions are completed via our link with the St George Bank.
Direct Deposits or Transfers
For convenience we allow you the ability to directly deposit advertising fees into our account. Our BSB and account details are located on our payments page. You are required to provide you "advertisement reference number" as the reference number for your direct deposit or electronic transfer, as this is use to track and differentiate your payment from someone else's.
We will not be able to place your advertisement online until we have been notified of your payment, to speed up the process of us getting your advertisement online, you may wish to fax or email the receipt or transaction receipt number through to us, at which time we will activate your advertisement; otherwise we must wait until the transaction appears on our account which may take days.
Credit Card Charge Backs
Should you cause charge-back for a transaction you are legally responsible for, you agree to pay any associated fee's and charges in relation to the recovery of our legal entitlement and expenses.
Debt Collection Agency
You acknowledge that a debt collection agency may be engaged by Oceanaqua Pty Ltd to recover any outstanding monies owing, and that where legally entitled we shall also recover the cost of doing so.
Privacy
We do NOT sell, rent, or loan any information regarding our customers to any third party.
1. General Provisions
From time to time information on boatbuyer and its affiliate websites may contain some inadvertent inaccuracies or typographical errors, which if notified we will correct. Information may also be modified, changed or updated without notice. Boatbuyer and other sites affiliated with Oceanaqua Pty Ltd reserve the right to add, change, delete or end your usage of this service at any time. This service may also be temporarily unavailable for maintenance or other reasons.
boatbuyer utilises data and technology which automatically produce search results that reference information submitted by listing parties, based upon entered search criteria; because we have no control over such information, we make no guarantee as to its accuracy, currency, or content and we assume no responsibility for this. Please notify us if you detect a boat has been sold, or if an advertiser has published inaccurate or misleading information.
We also recommend you utilise the free option of downloading our classifieds, there are several versions catering to different price points criteria. These classifieds are updated and available on the 1st of every month. We also recommend searching the online database on a daily basis to capture any new advertisements.
Boatbuyer makes no representations whatsoever about other websites which you may access through this one. When you access a non-affiliated website, please understand that it is independent from boatbuyer and websites affiliated with Oceanaqua Pty Ltd, and that Boatbuyer and its affiliated websites have no control over the content on others. In addition, boatbuyer and its affiliated websites neither endorses nor accepts any responsibility for the content, use, or products and services made available through a website not owned or controlled by Oceanaqua Pty Ltd.
IN NO EVENT WILL boatbuyer AND ITS AFFILIATED WEBSITES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND FOR ANY USE OF OR THE INABILITY TO USE THIS WEBSITE, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
boatbuyer and its affiliates are not involved in transactions between any party who uses this site, we are a classified and advertising service only. You should note that there may be risks which you assume when dealing with people who might be acting under false pretences.
boatbuyer and its affiliated websites provide a classified or listing service only and do not screen, censor or otherwise control the listings offered by user to other Users, nor does boatbuyer and its affiliated Web sites screen, censor or otherwise control the participants of its service; Unless we have received a substantiated complaint.
Boatbuyer and its affiliated websites cannot control the behaviour of the participants on this site, and we like any other classified listing service cannot control whether or not these participants will complete the transactions they describe on our sites.
Boatbuyer respects your privacy. We do NOT sell, rent, or loan any information regarding our customers to any third party.
Boatbuyer may change the terms of this agreement from time to time. By continuing to use this website and following our posting of such changes, you agree to be bound by this agreement, as modified. As previously indicated boatbuyer may change, restrict access to, suspend, or this website, or any portion of this website, at any time.
Before purchasing goods or services you've read about on boatbuyer, you should confirm with the vendor any information (including the price) that is important to your purchasing decision. boatbuyer is not responsible for, and does not guarantee the performance of, any such goods or services.
We invite you to bring to our attention any material on our site that you believe to be inaccurate. Please forward a copy of the material to our Customer Service Manager (link to form) along with an explanation of your objection.
2. Buying and Selling Boats and watercraft
boatbuyer is a classified listing service that brings together buyers and sellers of boats and water craft. Information about a particular boat, sailboat and other watercraft is supplied by the seller and not by boatbuyer. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. Though we hope that all who use boatbuyer will act honourably and treat each other fairly, we can't verify the information sellers supply or guarantee the boat, sailboat and other watercraft they offer. Nor can we assure the seller of a boat, sailboat and other watercraft that the check he/she gets from the buyer is valid. When using this website to sell your boat, sailboat and other watercraft or to buy a boat, sailboat and other watercraft, we urge you to use the same common sense and good judgment you would use in selling a vehicle or merchandise through, or responding to, a classified ad in the newspaper.
When you offer a boat, sailboat and other watercraft for sale through boatbuyer, you must be prepared to sell that boat, sailboat and other watercraft at the price at which, and the terms on which, you've listed it. You must have the ability to transfer title or ownership. To list a boat, sailboat and other watercraft for sale on boatbuyer, sellers are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not charge any potential buyer for information about any boat, sailboat and other watercraft listed for sale on boatbuyer, nor may you use our website to promote, without our prior written permission, any other website, product or service. Sell Your Boat listings are available to sellers who want to list their boat, sailboat and other watercraft for sale. boatbuyer reserves the right to deny use of this website to anyone who does not comply with these requirements or who otherwise uses our website in a manner we consider inappropriate.
Responsibility for the information contained in listings lies with each seller. You alone are responsible for material you post and for the content of all email messages transmitted through boatbuyer. Nothing will undermine a user's confidence in the boat, sailboat and other watercraft you're trying to sell faster than inaccurate statements or misleading representations about the boat, sailboat and other watercraft. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat boatbuyer users fairly and honourably.
Although boatbuyer cannot monitor all the listings posted to our website, we reserve the right (but assume no obligation) to delete, move, or edit any listings or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. By using boatbuyer you agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy boatbuyer. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement.
By submitting a listing through our advertising service, you agree to pay the fees specified for the listing package you select, regardless of whether your boat, sailboat and other watercraft or product sells as a result of the listing. You agree to the use of a debt collection agency, and to incur associated charges should they be required.
3. Links to Other Sites
For your convenience, we make available a variety of links to other websites that we don't operate, but where you can obtain related products and services, including but not limited to insurance, warranties, financing and inspection services. Although we encourage you to consult such websites, we cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors. boatbuyer is not responsible for the products or services these vendors provide. You release boatbuyer and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied products and services.
For your convenience, we make available links to websites operated by dealers that list their boats in our online classifieds. Although we may host some of these websites, we are not responsible for any of the content that appears on these sites, and you release boatbuyer and its affiliates from any damages that you may incur, and agree not to assert any claims against them.
4. Copyright and Trademarks
Copyright
The Copyright of all information on this website is owned by boatbuyer with all rights reserved. No part of any information contained on this website may be reproduced, transformed or transmitted by any process without the prior written consent of boatbuyer.
Trademarks
The logos and Trademarks whether registered or unregistered are the intellectual property of boatbuyer et al and may not be used in any way without the written permission of boatbuyer or the appropriate Trademark owner.
Framing
Boatbuyer offers a number of integrated website options, and a fee is charged for accessing these. The act commonly known as framing (causing a website to be displayed within another) is strictly prohibited - without written permission from the management of boatbuyer. Framing will otherwise be viewed as a breach of copyright, and an act of bandwidth theft. If a boatbuyer client is detected framing boatbuyer, or causing boatbuyer to be framed, this will be viewed as a breach of our terms and conditions. In such an instance the account in question will be immediately suspended without notice, until payment is received and an agreement for website integration has been ratified. The client will be notified of the account suspension via their supplied email address, and should payment not be forthcoming within 14days, the account will be permanently terminated on the 15th day with all records purged and their subscription forfeited.
5. Disclaimer of Warranties and Limitation of Liability
If you rely on this website or any information, product or service available through this website, you do so at your own risk. You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services published on or promoted over this site. This website is provided to you "as is." boatbuyer and its affiliates, agents and licensors, cannot and do not warrant the accuracy, completeness, currentness, noninfringement, merchantability or fitness for a particular purpose of the information available through this website (or any information, goods or services that are referred to, advertised or promoted on, or sold through this website). Nor do we or they guarantee that the website will be error free, or continuously available, or that the website will be free of viruses or other harmful components.
Under no circumstances will boatbuyer or its affiliates, agents or licensors be liable to you or anyone else for any damages other than direct damages, arising out of your use of this website or any product or service linked to from or advertised or promoted on this website, including, without limitation, consequential, special, incidental, indirect, punitive, exemplary, or other damages of any kind (including lost revenues or profits, loss of business or loss of data), even if we are advised beforehand of the possibility of such damages. You agree that the liability of boatbuyer and its affiliates, agents and licensors, if any, arising out of any kind of legal claim arising out of or otherwise related to this website will not exceed the amount you paid, if any, for the use of the website out of which such liability allegedly arises. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.
6. Registration
To obtain access to certain BoatBuyer services, you will be given an opportunity to register with BoatBuyer. As part of the registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to disallow use of user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing BoatBuyer through any username/password assigned to you. You will notify BoatBuyer IT Security Manager security@boatbuyer.com.au of any known or suspected unauthorized use of your account.
7. Miscellaneous
No spamming.. We want potential buyers visiting BoatBuyer to feel free to share their email addresses with those listing vehicles or merchandise for sale on our site. By listing a boat, sailboat and other watercraft for sale on this site, you agree to use the email addresses of those responding to your listing only for purposes of communicating with them about the potential sale of that boat, sailboat and other watercraft. By using this website, you agree not to use information concerning other users of BoatBuyer, or the boat, sailboat and other watercrafts they've listed or searched for on this website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed boat, sailboat and other watercraft.
This Visitor Agreement will be read in accordance with the laws of Queensland, Australia. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Queensland, Australia, in all disputes arising out of or relating to this Agreement or use of this website.
8. Privacy Policy
To protect your privacy, BoatBuyer follows the following principles for customer privacy and data protection.
When you register, your information is protected by use of a password which we initially select. Your personal information is then encrypted for additional security. Each person who registers must have a unique email address and user name. Duplicate profiles using the same email address or user name are not permitted. In the event that you misplace or forget your password, the system has the facility through your dealer sign-in page to allocate a new unique password.
We do NOT sell, rent, or loan any information regarding our customers to any third party.
Your information will not be released by us unless required by law.
9. Private Advertising Guidelines
All ads posted in the GEAR section must be in compliance with our guidelines. We do not wish to censor the ads being posted here, but in order to prevent abuses by a few people and to keep BoatBuyer comfortable and appropriate for our general audience, which includes people of all ages, races, religions, and nationalities, we reserve the right to remove any ads in violation of our guidelines that are brought to our attention. Therefore, all ads that are in violation of our guidelines are subject to being removed immediately, without prior notice and without refund or remuneration. By posting an ad here, you agree to the following statement:
I agree that I will be solely responsible for the content of all classified ads that I list / post on BoatBuyer and that I will indemnify the BoatBuyer and hold it harmless for any losses or damages to myself or to others that may result directly or indirectly from any ads that I post here.
By posting an ad here, you further agree to the following guidelines:
- No foul or otherwise inappropriate language will be tolerated. No racist, hateful, or otherwise offensive comments will be tolerated.
- No ad promoting activities that would be illegal.
- Any ad that appears to be merely a test posting, a joke, or otherwise insincere or non-serious is subject to removal, however payment will remain enforceable.
- boatbuyer reserves the ultimate discretion as to which ads, if any, are in violation of these guidelines.
10. Consignment Listing Service
The consignment listing service is included as a ‘free’ service to the general public as a way to facilitate communication between dealers, brokers and vendors. Apart from connecting and possibly ‘listing’ the boat in the boat classifieds area on of website, we play no part in any deals or the sales process. We are therefore not liable to either party or their private dealings.
Thank you.
Disclaimer
Oceanaqua Pty Ltd (hereon referred to as BoatBuyer) makes no representation or warranty as to the accuracy, completeness or currency of any information, or the content provided on or accessible via this internet site or associated sites.
BoatBuyer will therefore not assume legal liability for the information or content on or accessible via this or any associated internet sites.
The accuracy of information contained against each record is the responsibility of the vendor, representative of the vendor, or manufacturer, and from time to time human data entry errors will occur. You are encouraged to confirm all information and specifications prior to deciding upon or purchasing a listed product or service.
While every attempt is made to ensure the accuracy of all content found on BoatBuyer, the site may inadvertently contain inaccuracies or outdated information; particularly as it pertains to classified listings as they are published as provided, and test data due to variables including but not limited to environment conditions and overall product setup. .
Buyer Beware, it is your responsibility to verify any information before relying on it.
BoatBuyer is a division of Oceanaqua Pty Ltd operating via the domain BoatBuyer.com.au et.al
|
|
