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Terms And Conditions Of Use |
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1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS & CONDITIONS
onlineboatfinder is a service to assist in facilitating the sale and transfer of ownership of property.
This service is provided to you under the following Terms and Conditions and any operating rules and/or policies that may, from time to time, be published by onlineboatfinder either on the onlineboatfinder website or by email to you. This agreement comprises the entire agreement between you and onlineboatfinder, and supersedes any prior agreements between onlineboatfinder and you regarding the subject matter contained herein.
By completing the registration process to become a participant of this service, you expressly agree to be bound by this Agreement and these Terms & Conditions.
The service provided by onlineboatfinder is only available to individuals who can make legally binding contracts. The services provided by onlineboatfinder are not available to minors and/or those individuals under the age of 18 years old and any other individuals who are legally prohibited from entering into binding contracts.
onlineboatfinder may change these Terms and Conditions from time to time. Any amendment shall be effective immediately upon notice by email and/or publishing on the onlineboatfinder website. Your continued use of this service constitutes an affirmative:
(a) acknowledgement by you of these Terms and Conditions and any modifications; and
(b) agreement by you to abide and be bound by these Terms and Conditions, including any modifications. onlineboatfinder reserves the right to terminate your registration with this service at its discretion.
Should you object to any of these Terms & Conditions or any subsequent modifications thereto or become dissatisfied with this service in any way, your only recourse is immediately to:
(a) discontinue use of this service; and
(b) terminate service registration by notifying onlineboatfinder;
2. MEMBER ACCOUNT, PASSWORD, AND SECURITY
You expressly agree to:
(a) provide certain current, complete, and accurate information about yourself as prompted to do so by this service; and
(b) maintain and update this information as required to keep it current, complete and accurate.
If any information provided by you is incomplete or inaccurate, onlineboatfinder retains the right to terminate your rights to use this service. You agree as a participant of this service and in your use of this service not to use a false or misleading name or a name that you are not authorised to use.
Registration is non-transferable. You may change information on an existing registered account only to update your account. Once you become a participant of this service, you will receive a user ID and a password. You are entirely responsible if you do not maintain the confidentiality of your user ID and password. Furthermore, you are entirely responsible for any and all activities, which occur under your user ID and password. You agree to immediately notify onlineboatfinder of any unauthorised use of your user ID or any other breach of security of which you become aware.
Registered participants may request their registration to be closed at any time, however, onlineboatfinder will not process the request for any participant currently with open listings and all outstanding fees are settled. To request your account to be closed, send an email request to support@onlineboatfinder.com including your User Name and reason for the request.
3. MEMBER CONDUCT
Your right to use this service is personal to you. You agree that without the prior written consent of onlineboatfinder you shall not resell the service or use this service for the transmission of commercial solicitations or for the receipt of responses to commercial solicitations.
You agree not to, for a commercial purpose, upload, transmit, reproduce, distribute or participate in the transfer or sale, or in any way exploit, any content obtained through this service.
You agree to refrain from sending unsolicited offers to purchase goods, chain letters or other commercial email to other users for unrelated or unauthorized items on this site. You agree not to "harvest" or use "robots" to gather email addresses from this service for solicitation or other offers.
You agree not to use this service for the transmission of (or receipt of responses to) chain letters, lotteries, gambling or pyramid schemes of any kind.
You agree not to use this service to disseminate any message in a broad-based mailing without the prior written permission of onlineboatfinder
You agree not to forge communications or take any other action that would disguise the origin of communications transmitted by you through this service.
You agree not to permit another person to transmit communications that falsely identifies your account as the origin of such communication.
You are solely responsible for the contents of your transmissions through this service. Your use of this service is subject to all applicable state, national and international laws and regulations.
You agree not to interfere or disrupt networks connected to this service, and to comply with all regulations, policies and procedures of networks connected to this service.
You agree not to transmit through this service any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable state, national or international law or regulation. Attempts to gain unauthorised access to other computer systems are prohibited.
You further agree not to use this service in a manner that violates any Commonwealth, or state laws or statute including but not limited to the sale of regulated substances to minors or the filing of fraudulent insurance claims.
onlineboatfinder retains the right, at its sole discretion, to determine whether or not your conduct is consistent with the letter and spirit of these Terms & Conditions and may, at its sole discretion, immediately terminate your use of this service if your conduct is found to be inconsistent with these Terms & Conditions, or may be referred to the appropriate authorities.
4. USE OF THE SERVICE
OBF Currency Converter rates are updated regularly but users should be aware that exchange rates may be out of date as some exchange rate data may not be readily available on a daily basis. Visitors should consult their financial institution to obtain actual rates of exchange as the rates on this site are a guide only.
Listing an item for sale is an irrevocable (non-cancellable) offer to sell unless advised in writing to onlineboatfinder.
Sellers who abuse this service or otherwise act contrary to the Terms & Conditions may be denied continued Registration at onlineboatfinder’s sole discretion.
Items posted for sale must be available at the time of listing unless otherwise specified in the item's description.
The seller promises that the descriptions of their items accurately and fairly reflect the items listed for sale. onlineboatfinder does not assume responsibility for the content or the context of the listings. If it determines that a seller's description is inaccurate or false, onlineboatfinder retains the right to terminate the listing. onlineboatfinder reserves the right to remove a description from a listing, if the description contains material that it determines is in violation of these Terms and Conditions. onlineboatfinder reserves the right to move listings from one category to another as appropriate.
A seller may only remove their item from this service if the item becomes unavailable due to damage or if the listing was erroneously posted twice or such like. The sales transaction fee and GST charged to the seller's account, being the total amount charged for this service provided by onlineboatfinder, will not be refunded. The seller is responsible for contacting a potential buyer to inform them that the item is no longer available.
The services provided by onlineboatfinder can be used as a general format for the advertisement of goods and services sold outside the onlineboatfinder service or elsewhere on the Internet. In your listings, you may not link to or include advertisements for goods or services that describe items that you are not trying to sell on the onlineboatfinder. Banners and E-Flyers may be excluded to include links at the discretion of onlineboatfinder. Additionally, you may not include links that you do not have the right to link to or include in your item's description.
Manipulation of any kind is expressly forbidden. Participants found engaging in any form of manipulation will be permanently suspended from the onlineboatfinder service, including all associated secondary and re-registered registration accounts.
To report a violation of the Terms & Conditions, fraudulent activity or misuse of the system, please email customer.service@onlineboatfinder.com, onlineboatfinder cannot release information regarding individual registered participants or comment on activity between participants except to those participants directly involved in a transaction and to law enforcement agencies. For more information regarding our privacy standards, please view our Privacy Statement.
5. ITEMS LISTED FOR SALE
onlineboatfinder does not own, warehouse or sell any of the product displayed on this site (unless specifically disclosed). Payment and Shipping terms are agreed upon between seller and buyer; onlineboatfinder is not involved in the transaction. Participants agree to release onlineboatfinder from any disputes, claims, demands, and/or damages evolving from the use of this service.
Buyers and sellers must ensure that participation does not violate any applicable local, state, federal or international laws or Regulations. By this we mean that you must check that you are entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.
You may place any goods or service that you have the right to sell that has relevance to this site. If onlineboatfinder does not think your listing is appropriate for any reason, we reserve the right to delete your listing altogether.
onlineboatfinder disclaims any warranties expressed or implied on products or services listed on this site. onlineboatfinder does not take responsibility for the quality of the goods and / or services listed on this site. This includes, but is not limited to, mistakes and typographical errors entered by a seller.
If you are not sure whether you are entitled to sell or buy you should take professional advice.
Items that are expressly prohibited to be listed include, but are not limited to:
a) Goods or services that infringe anyone's copyright, trademark, patent or other proprietary rights WARNING: It is a criminal offence to advertise or offer to sell a copy of a software program that you know, or ought reasonably to know, is a counterfeit or pirate copy.
b) Counterfeit or other illegal item
c) Goods or services that are illegal for you to sell under any local, state, federal or international law, statute, ordinance or regulation
d) Goods or services that infringe or violate anyone's rights of privacy or publicity
e) Instructions to perform an illegal activity or procure goods or services in an illegal manner
f) Stolen merchandise
g) Boxed animals, posted or otherwise
h) Goods or services, which if sold through this site, would cause onlineboatfinder to violate any applicable local, state, federal or international law, statute, ordinance or regulation
i) Tobacco products
j) Therapeutic goods
k) Poisons
l) Firearms of any description
m) Securities such as shares, options, bonds and futures contracts
n) Human tissue and/or human body parts
o) Listings containing pornographic or similarly objectionable content, links, pictures, banners or language.
onlineboatfinder will delete a listing of any such nature upon becoming aware it is a prohibited item or notification by a legitimate authority. The seller of such listings may be subject to suspension at onlineboatfinder’s discretion.
6. FEES FOR USE OF THE SERVICE
Fees are subject to change at any time. The fees currently in effect will be viewable at the time a listing is added. The total amount charged is inclusive of GST. See clause 7.
onlineboatfinder operates trusted payment systems, where applicable charges are debited from the participants onlineboatfinder Account. By agreeing to these Terms and Conditions you are responsible to pay immediately any outstanding balance on request by onlineboatfinder.
In the event of any failure by you to make all payments of fees required, you will be responsible for all reasonable expenses (including legal fees) incurred by onlineboatfinder in collecting such amounts.
7. GOODS AND SERVICES TAX (GST)
GST is inclusive and will be levied on the fees charged to all participants for the service provided by onlineboatfinder.
onlineboatfinder is not responsible for the GST obligations (if any) of sellers in relation to the sale of their goods and services through the Site to buyers. Sellers are responsible for maintaining accurate sales records and for paying all applicable taxes, if any, including GST.
8. FURTHER OBLIGATIONS AND ACKNOWLEDGEMENTS
You acknowledge and agree that:
a) The Internet can be an unstable and, sometimes, insecure marketplace. At times this service may not be available or items may not be processed or may not be accepted for reasons beyond our control. In these circumstances we accept no responsibility. onlineboatfinder will not post a listing on your behalf.
b) onlineboatfinder reserves the right to move listings from one category to another as appropriate.
c) onlineboatfinder cannot guarantee that it will notice or be able to prevent any illegal or inappropriate use of the site nor can onlineboatfinder guarantee that it will give notice of any illegal or inappropriate use of the Site.
d) onlineboatfinder cannot guarantee the preservation of any record and may delete information at its sole discretion and without notice.
e) onlineboatfinder reserves the right to refuse service to anyone at any time.
f) onlineboatfinder reserves the right to cancel any listing at any time.
g) onlineboatfinder does not assume responsibility for the content or the context of the listings.
h) onlineboatfinder cannot guarantee that it will notice or prevent users from registering with false demographic information.
i) onlineboatfinder cannot guarantee that sellers will complete a sale, or that buyers will go through with a purchase; all risk is taken by the individual buyers and sellers. This includes but is not limited to risks associated with dealing with foreign nationals, underage persons, or persons acting under false pretence.
j) onlineboatfinder is not responsible for damage or loss caused by errors in this service or the Internet. This service may be unavailable unexpectedly as a result of errors or circumstances beyond our control. Use at your own risk.
k) onlineboatfinder does not endorse any of the goods and services that are transferred through this service.
l) onlineboatfinder is not responsible for any damages to goods during transit nor for misrepresentations and/or breaches of contract by either buyer and/or seller.
m) onlineboatfinder cannot confirm the identity or location of its participants, whether participants are under age or acting under false pretence.
9. DISCLAIMER OF WARRANTIES
You expressly agree that use of this service is at your sole risk. This service is provided on an "as is" and "as available" basis. onlineboatfinder expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
onlineboatfinder makes no warranty that this service will meet your requirements, nor that this service will be uninterrupted, timely, secure, or error free; nor does onlineboatfinder make any warranty as to the results that may be obtained from the use of this service or as to the accuracy or reliability of any information obtained through this service or that defects in the software will be corrected.
No advice or information, whether oral or written, obtained by you from or through this service shall create any warranty not expressly made herein.
10. LIMITATION OF LIABILITY
onlineboatfinder shall in no way be liable for any direct, indirect, incidental, special or consequential damages, including taxes and GST, resulting from the use or the inability to use this service, or for cost including GST of procurement of substitute goods and services or resulting from any goods, or services purchased or obtained, or messages received or transactions entered into through this service or resulting from unauthorised access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if onlineboatfinder has been advised of the possibility of such damages.
11. RELEASE AND INDEMNIFICATION
You hereby waive, release, forgive, discharge and relinquish any and all claims that you now have or may have against onlineboatfinder, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction.
You hereby agree to indemnify, defend and hold onlineboatfinder, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax including GST, liability and/or expense that may be incurred by onlineboatfinder, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives arising out of or in connection with the performance of its duties as described in this Agreement (except as caused by its gross negligence or wilful misconduct) including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold onlineboatfinder, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this service, the violation of these Terms & Conditions by you, or the infringement by you, or other user of this service using your ID, of any intellectual property or other right of any person or entity.
The provisions of this section and the preceding paragraph will survive any termination of this agreement.
12. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
From time to time, onlineboatfinder will communicate via email items that may be of interest to you as a participant of this service if and only if you have agreed upon registration or subsequently to receive such emails. onlineboatfinder may also sell or make available to Advertisers online advertising using the WebPages of this service.
You may enter into correspondence with or participate in promotions of the Advertisers showing their products on this service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the Advertiser. onlineboatfinder assumes no liability, obligation or responsibility for any part of any such correspondence or promotion. You agree to pay all sales, use, value-added, personal property or other governmental tax including GST or levy imposed on goods or services (if any) that you purchase through this service.
13. LAWS
These Terms and Conditions shall be governed by and construed in accordance with the laws of all States of Australia. You and onlineboatfinder agree to submit to the exclusive jurisdiction of the courts of Australia in general.
If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
onlineboatfinder failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by onlineboatfinder in writing.
You and onlineboatfinder agree that any cause of action arising out of or related to this service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and you and onlineboatfinder forever waive any such cause of action.
The section titles in these Terms & Conditions are solely used for the convenience of the parties and have no legal or contractual significance.
14. PROMOTIONAL PAYMENTS
Any promotional credits to participants to their onlineboatfinder accounts may not be transferred to other participants, reimbursed or refunded. Only credit balances of introduced funds by a participant may be refunded. Refunds will incur an office administration charge.
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