Last updated 19-September-2013
In these terms and conditions, "us", "we" or "our" means Boatsurfers.com Pty Ltd. It is important to us that you understand these terms and conditions which relate to your use of Boatsurfers.com. If you have any questions, please contact us at via the contact us page.
You may terminate your membership of Boatsurfers.com for any reason by providing written notice to us. You can provide notice of termination by: selecting 'cancel account' within your Account settings and following the instructions; or emailing us via the Contact Us page. We reserve the right to, without limitation, do any or all of the following in relation to your membership: suspend your membership; permanently or temporarily hide all or part of your member profile; modify your member profile; terminate your membership for any reason by providing notice to you by email; terminate your membership immediately without notice to you if you have committed a breach of the Boatsurfers.com Terms; deactivate your membership if you have not used the Boatsurfers.com for a period of 12 months or more (from the date of last use); and/or permanently or temporarily block your access to all or part of Boatsurfers.com.
You may become a member of the Boatsurfers.com at no cost as a result of our cool promotions. As a member you will have the ability to access some, or all, of the features and services on Boatsurfers.com. As a member, you will also have the ability to access chargeable features and services available (such as communicating with other members, subscription services or any other chargeable service or feature that becomes available from time to time). Further details and any additional terms and conditions (including pricing) relating to chargeable features and services will be made available on Boatsurfers.com. Any such additional terms and conditions form part of the Boatsurfers.com Terms. We do not accept cash payments or fish for chargeable services or features. Please refer to the available payment methods elsewhere on Boatsurfers.com. We reserve the right to change the pricing for any chargeable service or feature on Boatsurfers.com at any time. If you are unhappy with a change of pricing, you are entitled to discontinue your use of Boatsurfers.com or terminate your membership in accordance with the Boatsurfers.com Terms. Unless expressly stated otherwise, the pricing for use of any chargeable service or feature on Boatsurfers.com will be stated GST inclusive. Where GST applies, we will deduct the GST we incur from each payment and will issue you with a tax invoice. The balance of the payment will be credited to your account. In the event of unusual activity, we reserve the right to temporarily or permanently suspend payment via your credit card and contact you, your bank or any other relevant third party to report such unusual activity. While we use reasonable endeavours to ensure that Boatsurfers.com is available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to Boatsurfers.com may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control. We reserve the right to change or discontinue any service or feature of Boatsurfers.com in whole or in part any time. You are not permitted to transfer any services or features purchased by you to any other person. In no event will you be entitled to any refund of payments for chargeable services or features. We will review requests for refunds at our sole discretion.
You are responsible for maintaining the confidentiality and security of your login and password. You are wholly responsible for all activities that occur under your login and password. You agree to immediately notify us of any unauthorised use of your login or password. You must ensure that you exit from your account at the end of each session. We may at any time request a form of identification to verify your identity and/or your compliance with the Boatsurfers.com Terms.
Any images, sounds, or text (Content) that you transmit or post on Boatsurfers.com, or otherwise transmit to any other member of Boatsurfers.com by any other means, must be complete and accurate. You agree not to post or transmit on Boatsurfers.com, or otherwise transmit to any other member of Boatsurfers.com by any other means, Content that: is unlawful, obscene, defamatory, indecent, offensive or inappropriate; is false or misleading in any way; infringes the rights of any third party; you do not have a right to make available under any law or contractual obligation; is sexually explicit or contains sexual references / innuendo; pertains to group sexual activity or soliciting contact for the purpose of extra marital (marital, de facto or relationship) encounters or affairs; contains restricted or password only access pages, or hidden content; or contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware. Without limiting the above, you must not transmit or post on Boatsurfers.com, or otherwise transmit to any other member of Boatsurfers.com by any other means, any images that contain: images of any person other than you without their permission; nudity; You are solely responsible for Content that you transmit or post on Boatsurfers.com, or otherwise transmit to any member of Boatsurfers.com by any other means. We are not responsible for, and accept no liability with respect to, any Content transmitted or posted on Boatsurfers.com, or otherwise transmitted to any member of Boatsurfers.com by any other means, by any person. We reserve the right, but have no obligation, to review Content transmitted or posted on Boatsurfers.com, or (where possible) otherwise transmitted to any member of Boatsurfers.com by any other means. Without limiting your responsibilities under the Boatsurfers.com Terms, we reserve the right to modify and/or remove any Content that, in our opinion, violates the Boatsurfers.com Terms or otherwise has the potential to harm, endanger or violate the rights of any person. We do not make any representations or warranties as to the accuracy, reliability or completeness of any Content posted or transmitted on Boatsurfers.com, or otherwise transmitted to any other member of Boatsurfers.com by any other means, by any person. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us. We do not accept any liability for any loss, damage, cost or expense resulting from anyone's reliance on Content posted or transmitted on Boatsurfers.com, or otherwise transmitted to any other member of Boatsurfers.com by any other means.
You agree not to use Boatsurfers.com (or contact any other member of Boatsurfers.com) to: defame, abuse, harass, stalk, threaten, harm or otherwise offend others; engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming; impersonate or create a profile for any person or entity; promote, or provide information about, illegal activities or conduct; promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual; exploit any person under the age of 18, or to solicit information from anyone under 18; or solicit money, passwords or personal information from any person. You also agree not to use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of Boatsurfers.com; "frame" or "mirror" any part of Boatsurfers.com without our prior written authorization; use code or other devices containing any reference to Boatsurfers.com to direct other persons to any other web page; except and only to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of Boatsurfers.com or cause any other person to do so. Boatsurfers.com is for the personal use of individual members only. Businesses, groups, organizations and companies are prohibited from registering as members. Boatsurfers.com must not be used for commercial endeavours, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails. Unauthorised framing / linking to Boatsurfers.com is prohibited. We have no obligation to monitor any member's use of Boatsurfers.com, however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.
Unfortunately, it is possible that other members of Boatsurfers.com may use Boatsurfers.com in violation of the Boatsurfers.com terms. For example, it is possible that another member may post or transmit on Boatsurfers.com Content that is obscene or offensive, or use Boatsurfers.com to harass you. We take your online and offline security very seriously. If someone is using our site in such a manner, please contact us and we’ll do our best to investigate and censor the offending member in accordance with these terms and conditions. We urge you to be cautious when interacting with other members of Boatsurfers.com. You should carefully select the Content that you post or transmit on Boatsurfers.com, or otherwise transmit to any other member by any other means. You must not include any telephone numbers, street addresses, last names, URLs or email addresses in your member profile. Any Content that you transmit or post on Boatsurfers.com, or otherwise transmit to any other member of Boatsurfers.com by any other means, will be considered non-confidential. If you are experiencing problems with any other member of Boatsurfers.com and would like to make a complaint, please send us an email via the Contact Us page. We may record and store any information relating to any complaint made against you. We reserve the right, but have no obligation, to monitor disputes between members of Boatsurfers.com. You agree to hold us harmless in connection with any dispute or claim that you make against any other member of Boatsurfers.com.
The whole purpose of our site is to hook you up with people who love going out on the water. But that’s all we do and are therefore liable for. In order to ensure that going Boatsurfing is safe, we insist on a few conditions. Your use of our services constitutes acceptance of these conditions. If you register that you have a boat, jet-ski, or any motorised water vehicle, you must have 3rd party liability insurance that will cover any and all accidents that occur. In the event on the registration and use of a non-motorised water craft, you accept all personal liability for accidents that occur whilst on the water, in transit to and from an activity, or if just falls on your head (or the sky falls on your head – acts of God are not covered by us. Try the Vatican). All parties engaging in an activity accept that there may be varying risks involved in the activity, and that Boatsurfers.com is not liable for accidental injury, or death. If you’re determined to do something stupid, we propose you would have found a way without us. All parties engaging in an activity or transmitting information on Boatsurfers.com acknowledge that Boatsurfers.com is not responsible for any criminal activity that may result from during or from said activity or transmission. By registering to and using the site you acknowledge that Boatsurfers.com acts purely as a meeting place for its members and has no control or liability over its members plans or activities which they organise and conduct. Your activities are at your own discretion and risk.
From time to time, Boatsurfers.com may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of Boatsurfers.com and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third party websites you leave Boatsurfers.com entirely at your own risk. From time to time, Boatsurfers.com may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
You acknowledge that you use Boatsurfers.com at your own risk. You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with Boatsurfers.com, or any other members' use of or conduct in connection with the Boatsurfers.com, in any circumstance. You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with Boatsurfers.com, including any breach by you of the Boatsurfers.com Terms. To the maximum extent permitted by law, we exclude all implied representations and warranty which, but for the Boatsurfers.com Terms, might apply in relation to your use of Boatsurfers.com. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on Boatsurfers.com purchased by you during the term of your membership. In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the Boatsurfers.com Terms or your use of Boatsurfers.com. The Boatsurfers.com Terms represent the entire agreement between you and us regarding your use of Boatsurfers.com. If any provision of the Boatsurfers.com Terms is held to be invalid, the remainder of the Boatsurfers.com Terms shall continue in full force and effect. You agree that the Boatsurfers.com Terms will be governed by the laws of Tasmania.