Terms & Conditions

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 By using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.

 

2. Copyright notice

2.1 Copyright 2015, Susan Streeter.

2.2      Subject to the express provisions of these terms and conditions:

  • we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
  • all the copyright and other intellectual property rights in our website and the material on our website are reserved.

 

  • Licence to use website

3.1      You may:

      • view pages from our website in a web browser;
      • download pages from our website for caching in a web browser;
      • print pages from our website;
      • use our website services by means of a web browser, subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) exploit material from our website for a commercial purpose.

3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. Acceptable use

4.1      You must not:

  • use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
  • use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
  • access or otherwise interact with our website using any robot, spider or other automated means;
  • use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
  • You must ensure that all the information you supply to us through our website, or in relation to our website, is true, current, and non-misleading.

6. Registration and accounts

6.2 You may register for an account with our website by completing and submitting the account registration form on our website.

6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.4 You must not use any other person's account to access the website, unless you have that person's express permission to do so.

7. Username and passwords

7.1 If you register for an account with our website, you will be asked to choose a username and password.

7.2 Your username must not be liable to mislead and must comply with the content rules set out in Section 13; you must not use your account or username for or in connection with the impersonation of any person.

7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8. Cancellation and suspension of account

8.1      We may:

  • suspend your account;
  • cancel your account; and at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.

8.2 You may cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2.

9. Subscriptions

9.1 To become a subscriber to our website services, you must pay the applicable subscription fees during the account registration procedure. We will send you an acknowledgement of your order. If your order is accepted, we will send you an order confirmation, at which point the contract between us for the supply of the website services shall come into force.

9.2 You will have the opportunity to identify and update details of your listing at any stage of your membership.

9.3 For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on our website in relation to your subscription type.

9.4 At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees. Unless you cancel the subscription through Paypal before the date of renewal, your subscription will be automatically renewed.

10. Fees

10.1 The fees in respect of our website services will be as set out on the website from time to time.

10.2 You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.

10.3 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

10.4 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

12. Your content: licence

12.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics or images) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

12.2 You may edit your content to the extent permitted using the editing functionality made available on our website.

12.3 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

13. Your content: rules

13.1 You warrant and represent that your content will comply with these terms and conditions.

13.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

13.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

  • be libellous or maliciously false;
  • be obscene or indecent;
  • infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  • infringe any right of confidence, right of privacy or right under data protection legislation;
  • constitute negligent advice or contain any negligent statement;
  • constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];
  • be in breach of racial or religious hatred or discrimination legislation;
  • be in breach of any contractual obligation owed to any person;
  • depict violence, in an explicit, graphic or gratuitous manner;
  • be pornographic, lewd, suggestive or sexually explicit;
  • be untrue, false, inaccurate or misleading;
  • consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  • constitute spam;
  • be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
  • cause annoyance, inconvenience or needless anxiety to any person.

14. Report abuse

14.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

14.2 You can let us know by email at info@marinaberthswap.com.au

15. Limited warranties

15.1 We do not warrant or represent:

    • the completeness or accuracy of the information published on our website;
    • that the material on the website is up to date; or
    • that the website or any service on the website will remain available.

15.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

15.3 To the maximum extent permitted by applicable law and subject to Section 16.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

16. Limitations and exclusions of liability

16.1 Nothing in these terms and conditions will:

  • limit or exclude any liability for death or personal injury resulting from negligence;
  • limit or exclude any liability for fraud or fraudulent misrepresentation;
  • limit any liabilities in any way that is not permitted under applicable law; or
  • exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

16.2 The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions:

    • are subject to Section 16.1; and
    • govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

16.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

16.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

16.5 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 16.6 shall not apply.

16.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 16.7 shall not apply.

16.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

17. Indemnity

17.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:

      • any breach by you of any provision of these terms and conditions; or
      • your use of our website.

18. Breaches of these terms and conditions

18.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

      • send you one or more formal warnings;
      • temporarily suspend your access to our website;
      • block computers using your IP address from accessing our website;
      • contact any or all your internet service providers and request that they block your access to our website;
      • commence legal action against you, whether for breach of contract or otherwise; and/or
      • suspend or delete your account on our website.

18.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

19. Variation

19.1 We may revise these terms and conditions from time to time.

19.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

19.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

20. Assignment

20.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions − providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

20.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

21. Our details

21.1 This website is owned and operated by Susan Streeter.

21.2 We are registered in Australia under registration number 28155715387.

 

22. Privacy Policy

Marina Berth Swap is privately owned and headquartered in Cairns, Queensland, Australia.

Marina Berth Swap collects your personal information when it is necessary for carrying out our regular business activities.
We may collect your personal information in a number of ways including:

      • When you contact us with an enquiry;
      • When you create a listing through our website;
      • Through any social media platform upon which you choose to engage with us;

We do not sell, rent, exchange or otherwise share our email lists or any personally identifiable information about you with any third parties outside of Marina Berth Swap for direct marketing purposes.

When you browse our website, we collect general statistical information that enables us to continually evaluate the performance of our site. We may use this general information in aggregate form to help us develop and design the layout of our website. We also may use aggregated information to monitor and plan the effective communication of our products and services.

The data that we may collect from your computer and browser includes:

      • the number of users visiting our website and the number of pages viewed;
      • the date, time and duration of visits;
      • the path taken through our website; and
      • the IP-address of the computer used to access our site, which includes capturing its software and hardware attributes.

The information that we monitor is collected via cookies, which does not allow us to draw any conclusions about the identities of the visitors to our website. We do not combine cookie data with any additional information that allows us to identify you as an individual user. Information relating to the movement of users through our site may also be used to allow us to undertake remarketing campaigns through Google AdWords. We undertake this activity to assist in promoting our services to persons who have visited our site and who have therefore expressed an interest in our services.

We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

s2Member®