Terms and Conditions
Terms and Conditions
Terminology used in this document.
The company that owns and operates The Platform.
All websites, apps and supporting technology owned and operated by Nautical Online constitute “The Platform”. All communications from Nautical Online’s directors, agents and employees, whether verbal or written, are also part of “The Platform”.
Those who use The Platform to find Providers.
Those who have an arrangement with Nautical Online to use The Platform to find customers to sell their goods and/or services to.
A User or Provider to whom these terms and conditions apply.
How The Platform Operates
Nautical Online helps to introduce Users and Providers to each other. Nautical Online is not a party to transactions between Providers and Users who contract their services or purchase their goods after first being introduced via The Platform. You agree to not hold Nautical Online liable for any breach of contract that You have made with a User or Provider you were introduced to through The Platform.
Notwithstanding the above, Nautical Online will do the following to protect Users and Providers:
During the User or Provider registration process, Nautical Online will verify that the User or Provider is a real person.
All Users and Providers are bound by these Terms and Conditions to act ethically and legally with one another and whenever using The Platform. Providers must also comply with the Boating Industry Association Code of Practice. A copy of this code can be found at www.bia.org.au/membership-information/code-of-practice
Feedback, Complaints Handling and Removal from the Platform.
Users and Providers found to be behaving in breach of these Terms and Conditions will be removed from The Platform. Refer to Section 4, below 3, for details on how to give feedback or make a complaint
Jurisdiction and laws that apply.
These Terms and Conditions and all other specific and additional terms which govern your use or membership of and access to The Platform will be governed by the laws of New South Wales, Australia.
Agreeing to these Terms and Conditions
Please take time to review this document. You agree to abide by these Terms and Conditions and the disclaimers contained within them if you:
Click an “I accept” button referring to these Terms and Conditions, or if You have been directed here as part of the process of either:
Registering as a Provider with Nautical Online; or
Registering as a User with Nautical Online; or
For unregistered users, posting a job on The Platform.
If you use or continue to use The Platform, you acknowledge and agree that you accept to abide by, and be bound by, these Terms and Conditions and any changes made by Nautical Online or any authorised officer, agent, employee or contractor of Nautical Online to these Terms and Conditions from time to time.
Modifications to these Terms and Conditions.
All terms and conditions that govern your use of The Platform, including disclaimers, may be amended from time to time. Nautical Online will send notification of such modifications to your registered email address or advise you the next time you login.
Those amendments apply to your next usage of The Platform. Your continued use of The Platform after any such changes are made will be deemed to constitute your acceptance of those changes.
Disagreeing with these Terms and Conditions.
If you object to any of these Terms and Conditions or any subsequent changes to them, or become dissatisfied with your use of The Platform in any way, your only remedy is to immediately stop using Nautical Online’s services. If you have an account with us You must either terminate your account or You must notify Nautical Online and we will terminate Your account for you.
USER and PROVIDER OBLIGATIONS
As a condition of your use of the Platform you warrant to Nautical Online that you will not use the Platform for any purpose that is prohibited by these Terms and Conditions or that is illegal or unlawful. You agree to abide by all applicable laws and regulations.
Whilst not an exhaustive list, you agree not to:
use the Platform to offend others (which shall be judged in the absolute opinion of Nautical Online);
publish, or in any way distribute or disseminate any information which is unlawful, obscene, defamatory, offensive or inappropriate (which shall be judged in the absolute opinion of Nautical Online);
engage in, encourage participation or promote any contests, pyramid schemes, surveys, chain letters, spamming or unsolicited emailing through the Platform;
use automated scripting tools or software;
make available, using the Platform, any material you do not have a right to make available, or which contains viruses, or other computer codes, files or programs designed to interfere with the functioning of other software or hardware; or breach any laws or regulations applicable to your use of the Platform;
use the Platform to supply another service, or to obtain information which you either incorporate into your service or product to enhance your service or product or your business in any way such as creating potential customer lists. Any commercial use of the website requires the prior written approval of Nautical Online.
You agree to accept the sole responsibility for the legality of your actions under the laws which apply to you. You agree that Nautical Online has no responsibility for the legality of the actions of Users or Providers on The Platform.
Nautical Online has no obligation to monitor your or anyone else’s use of the Platform. However, Nautical Online reserves the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
If Nautical Online determines, at its sole discretion, that You have breached any obligation under this clause, it reserves the rights to remove any content, You have posted on The Platform or cancel or suspend Your account.
Consequences of Non-Payment
If you do not pay monies owed by the date the payment is due we will notify you and request immediate payment. If you fail to pay the overdue amount within a reasonable time as set out in the notice, we may:
Suspend, cancel or limit your access to The Platform;
If Your account is cancelled due to non-payment, the default leading to the cancellation may be disclosed to a credit reporting agency, collection agency and may be added to your credit file with a credit reporting agency;
Engage a debt collection agent to recover the money you owe us or institute legal proceedings against you to recover the money you owe us. You must reimburse us any reasonable costs that we incur in pursuing payment of amounts you owe us; and
On-sell any unpaid amounts to a third party. If we do this, any outstanding amounts will be payable to that third party. We will notify you within 25 business days that any unpaid amounts you owe us have been sold to a third party (or arrange for the purchaser to notify you of this).
You indemnify and release Nautical Online and its directors, employees, agents, contractors and affiliates from and against any claims, demands, proceedings, losses and damages of every kind and nature including reasonable solicitor’s fees, made by you or any third party due to or arising (whether directly or indirectly) out of your breach of these Terms and Conditions or your violation of and law or the rights of a third party.
Nautical Online reserves the right to modify or delete any general information you submit to the Platform in order to enhance the services we provide to you and other Platform users.
You are entirely responsible for all activities that occur under your username. You must therefore ensure your login details remain confidential at all times. You must immediately notify Nautical Online if you become aware of any unauthorised use of your login credentials.
NAUTICAL ONLINE’S ROLE AND LIMITS ON LIABILITY
Accuracy of information
The information, opinions and other similar statements and content published on the Platform are provided for general information purposes only and are not intended as, nor do they constitute legal, financial, taxation, technical or expert advice or to be in any way relied upon by you without undertaking your own independent verification. Information provided on the Platform has been derived from sources believed to be accurate at the time of compilation and no warranty or representation is made as to the accuracy or authenticity of this content.
Nautical Online and its directors, agents or employees do not accept and are by these Terms and Conditions released by you of any liability to you arising (whether directly or indirectly) out of the information provided on the Platform or anyone else through the Platform or any errors in, or omissions from information on the Platform.
Nautical Online does not make any representation or warranty that any user or Provider is reputable, or will act in good faith, or according to their terms of engagement; any information on the Platform will be complete, reliable or accurate; or your access to the Platform will be secure, available or uninterrupted.
Nautical Online disclaims and will not be liable for loss arising out of (whether directly or indirectly) any action or decision by you in reliance on the information on or provided to you through the Platform or provided by any User or Provider you engage with through the Platform, nor any interruption, delay or impairment in the functioning, operation or availability of the Platform, exposure to or transmission of any computer virus, internet access difficulties in connection with the Platform, or malfunction in equipment or software.
You should seek legal or other professional advice before acting or relying on the information set out on or provided to you through the Platform or provided by any User or Provider you engage with through the Platform.
As a user of the Platform, you should make your own inquiries and obtain independent advice based on your specific circumstances prior to making any decisions.
User Indemnity and Disclaimer
As a user of The Platform, you indemnify Nautical Online for any loss or damage or costs arising (whether directly or indirectly) out of any breach of the Terms and Conditions or any other legal obligation by you or your use of or conduct on the website.
Nautical Online is not involved in the actual transaction between Providers and Users who contract their services or purchase their goods after first being introduced via The Platform.
We have no control over the quality, safety or legality of the items or content posted on The Platform by any Provider or User, the truth or accuracy of any posting, the ability of Providers to provide goods and/or services or the ability of Users to purchase those goods or services. We cannot censure and do not guarantee that a User or Provider will actually complete a transaction or act lawfully in using the website.
Nautical Online cannot and does not confirm each Provider’s purported identity.
You understand and agree that Nautical Online does not undertake any investigation in relation to any Provider before they are admitted to The Platform, including criminal checks, verification of qualification or license held, or any character or other checks of the suitability of a Provider to perform any task which they may claim to be able to provide. You understand and agree that you are solely responsible for conducting any appropriate background checks and obtaining references, licenses, certifications, or proof of insurance prior to engaging a Provider’s services. You further understand and agree that you are solely responsible for making your own evaluations, decisions and assessments about choosing a Provider. You agree to assume all risks and you agree to expressly release, indemnify and hold harmless Nautical Online from any and all loss, liability, injury, death, damage, or costs arising or in any way related to the services.
In the event that you have a dispute with one or more users of the website, you release Nautical Online (and our directors, agents, contractors, affiliates, parents, subsidiaries, and employees from claims, demands and damages of every kind and nature arising (whether directly or indirectly) out of such dispute.
Nautical Online sends emails and notices regarding the status of your matters and your account. Our emails and notices do not represent any guarantee or endorsement of your transactions. You are responsible for completing all transactions in which you participate (including monitoring the status of, and complying with all relevant legal and other obligations). We do not control, endorse or approve the goods and services provided by the users of the website.
You acknowledge and release Nautical Online in the event that you deal with underage persons or people acting under false pretense.
You and Nautical Online are independent contractors and no agency, partnership, joint venture, employee-employer or other similar relationship is created by this agreement. In particular You have no authority to bind Nautical Online, its related entities or affiliates in any way whatsoever. Nautical Online confirms that all Third Party Goods and Services that may be promoted on the Platform are provided solely by such Third Party Goods and Service providers. To the extent permitted by law, Nautical Online specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third Party Providers.
COMPLAINTS, MEDIATION and DISPUTE RESOLUTION
Disputes between Users and Providers.
Nautical Online has no obligation to assist or involve itself in any dispute between Users and Providers, although may do so to improve Your experience.
Nautical Online encourages You to try and resolve disputes (including claims for returns or refunds) directly with the User or Provider.
If a dispute arises You must cooperate with the other party and make a genuine attempt to resolve the dispute.
If attempts to resolve a dispute between Users and Providers directly fails, Nautical Online will use reasonable endeavours to mediate any dispute concerning the use by parties of the website.
Disputes in relation to the actual services carried out by a business or any other issue will be referred, where appropriate, to external dispute resolution services or authorities.
Removal or Suspension of User or Provider accounts.
Users and Providers may have their access to The Platform suspended for any length of time for any breach of the Terms and Conditions, as well as, but not limited to, any of the following reasons:
Providing false or inaccurate information during registration or when communicating with other Users or Providers.
Providing false or inaccurate information to Nautical Online employees or agents.
Receiving too many complaints from other Users or Providers. Nautical Online reserves sole discretion on what “too many” may be. If the complaint is serious and verified (again, at Nautical Online’s sole discretion), then one complaint may be “too many”.
If You have your access to The Platform removed we may notify you by email that your use of The Platform is terminated. In this case:
You are no longer authorised to access The Platform with the email address you used to register or any other email address you possess.
You will continue to be subject to and bound by all restrictions imposed on you by the Terms and Conditions.
All licences granted by you and all disclaimers by Nautical Online and limitations of Nautical Online’s liability set out in the Terms and Conditions or elsewhere on the website will survive.
Consumer Complaints against Nautical Online.
We at Nautical Online are committed to providing quality service. If we have fallen short of Your expectations in any way, then please reach out so that we can make amends. We endeavour to resolve all Consumer Complaints quickly and fairly. If you have a complaint concerning our services, please email firstname.lastname@example.org at any time.
Following appropriate investigation and consideration we will provide a final response to you, within 30 calendar days, detailing any proposed action.
If you are not happy with our response or how the complaint has been handled, you may be able to raise a complaint with the ACCC.
Any controversy or claim arising out of or in connection with these Terms and Conditions may at our discretion be settled by binding arbitration through a commercial dispute resolution centre selected by us. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator of the dispute.
We respect your privacy and have systems in place to protect it.