Calmwater Charters

These Terms of Use ("Terms") govern your use of our website located at www.boatiesquotes.com.au ("Site") and form a binding contractual agreement between you (the user of the Site) and us (Boaties App Pty Ltd as trustee for The Boaties App Trust). For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us by emailing admin@boatiesquotes.com.au.

By using the Site: you represent and warrant to us that you are at least 18 years of age and have the legal capacity to enter into this Agreement; you acknowledge and agree that you have read and understood the Terms; and you agree to be bound by these Terms. If you do not agree to the Terms, please do not use the Site.

1. Licence to use Site

1.1 We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the Terms set out in this agreement.

1.2 You may access and use the Site for your own personal, non-commercial use, provided you do not remove any copyright and trade mark notices contained on the material. The materials on this Site are the subject of copyright protection. You are only permitted to download, display, print or reproduce the materials in unaltered form for personal use, non-commercial use, research or study. Any other use is prohibited.

1.3 Unless permitted in these Terms, you must not (in any way) modify the Site. Where permitted to add content to the Site, you must not add any content:

(a) unless you hold all necessary rights, licences and consents to do so;

(b) that infringes the intellectual property or other rights of any person;

(c) that would breach any law, regulation, rule, code or other legal obligation; or

(d) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, offensive, pornographic, threatening, abusive, discriminatory, in breach of confidence or in breach of privacy.

1.4 You acknowledge that this Site is aimed at connecting boat owners and enthusiasts with suppliers of products and services, so this Site contains content added by suppliers, links to other websites as well as content added by other users; because of this you agree that:

(a) you use this Site at your own risk;

(b) there may be inaccuracies on this Site:

(c) we do not endorse, sponsor or approve any such user generated content or any content available on any linked website;

(d) we are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these suppliers or the content of their websites;

(e) if you visit any third party websites you do so at your own risk; we assume no responsibility and accept no liability for the condition or content of websites that may be linked to or accessed from the Site;

(f) we have the right, but not the obligation, to edit or remove any content, but we do not regularly review posted content and we take no responsibility and assume no liability for any content posted by you or any third party;

(g) if you ask for a quote from a supplier and/or order goods or services from a supplier on this Site, you will be entering into an agreement direct with the supplier (not involving us in any way) and that:

(i) we do not assume any responsibility or liability for the actions, products and content of suppliers and any other third parties;

(ii) you should carefully review their conditions of sale, privacy statements, delivery and refunds policy and other conditions of use to understand your rights with, and obligations to, the supplier.

(h) if you do post content or submit material you grant us the right to use the name that you submit in connection with such content and you represent and warrant that: you own or otherwise control all of the rights to the content that you post; the content is accurate; use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and you will indemnify us for all claims resulting from content you supply;

(i) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes);

(j) we may gather and process the information:

(i) which you may provide when accessing the Site, such as your name, address, e-mail address and other personal information about you; and

(ii) regarding the way in which you use the Site including, without limitation, information acquired through the use of "cookies" programmed during the accessing of the Site.

(k) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site or its content at any time in our sole discretion without further notice to you.

2. Liability

2.1 This Site is provided on an "as is" basis and we do not accept responsibility for any error, omission or defect in the information.

2.2 These Terms are to be read subject to any laws that prohibit or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such laws apply, to the full extent possible, we limit our liability in respect of any claim to, at our option:

(a) for goods: the replacement of the goods or the supply of equivalent goods or the payment of the cost of replacing the goods; and

(b) for services: the supply of the services again or the payment of the cost of having the services supplied again.

2.3 To the full extent permitted by law:

(a) we exclude all representations, warranties or terms (whether express or implied) with respect to this Site and its content, other than those expressed in the Terms;

(b) we exclude all liability for any direct, indirect, incidental and/or consequential loss resulting from your use of this Site, including but not limited to loss of opportunity, lost revenue, lost profits, interruption of business, loss of data and losses resulting from security failure, disclosure of confidential information by other parties or the transmission of a computer virus;

(c) you agree to indemnify and keep us indemnified in respect of any claim, liability, loss, damage, cost (including legal costs) or expense which we may suffer or incur as a direct or indirect result of your negligent act or omission with respect to your use of the Site (or any part of it) or the violation of these Terms by you.

3. Intellectual Property Rights

3.1 Nothing in these Terms constitutes a transfer of any intellectual property rights (including, but not limited to, all rights in respect of copyright, trademarks, patents, designs and confidential information). You acknowledge and agree that we own all intellectual property rights in the Site. No material on this website can be reproduced, adapted, distributed, stored system or transmitted without our prior written consent.

3.2 By posting or adding any content to the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, reproducing, editing and communicating the content) and permit us to authorise any other person to do the same thing. You consent to any act or omission that would otherwise constitute an infringement of your moral rights and, if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.

3.3 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clause 3.2.

3.4 The licence in clause 3.2 will survive any termination of these Terms.

4 Termination

4.1 We may terminate these Terms immediately if you have breached these Terms in any way. Without limiting the operation of any other terms and conditions herein, we will not be held liable for loss or damage arising from exercising our rights. Any indemnities given by you and limitations on our liability will survive such termination.

5. General

5.1 All pricing on this Site is in Australian dollars.

5.2 You must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms.

5.3 If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining terms.

5.4 Each party must at its own expense do everything reasonably necessary to give full effect to these Terms.

5.5 This Agreement is governed by the laws of Queensland, Australia, and each party submits to the jurisdiction of the courts of Queensland.