Edition: 20 / April / 2006.
Latest Update: 20 / April / 2006.
Agreement between you ('the Advertiser') and Boat Sales Direct.com Ltd (BSD) to assist the consumer in access to and use of the BoatSalesDirect.com website. Such use of the website by you, the Advertiser, is conditional upon and subject to the Advertiser accepting without change or modification (as at this edition date):
(A) Website Use Terms and Conditions
(B) Privacy Policy
BSD reserves the right to, from time to time, make alterations additions or deletions to these terms and conditions which will be published by way of Updates editions on this site.
By using this Website, you accept the terms and conditions and privacy policy. Do not use this Website if you do not accept its obligations.
The Website is provided subject to the terms and conditions for use by Advertisers only. It is not to be copied, modified, linked, framed or published in any other outlet without BSD's written consent, nor may any external Website material be copied, modified, linked, or framed into the BoatSalesDirect.com website. Advertisers further agree not to introduce any material by way of content or otherwise that will in any way interfere with or alter the BoatSalesDirect.com website facility.
The terms and conditions of this Agreement may only be amended by BSD. It is the Advertiser's responsibility to ensure understanding of current terms and conditions.
Copyright in all website content is owned by BSD and/or individual Advertisers. Such content may not be used other than with the written consent of BSD or the individual Advertiser.
BoatSalesDirect.com provides upload access for placement of advertisements for marine products including boats and boating and marine equipment by private advertisers. Non marine products placed with BoatSalesDirect.com will be removed without refund.
BoatSalesDirect.com provides an introduction facility for Advertisers wishing to buy and sell marine products. BoatSalesDirect.com does not take part in the sale and all transactions between the Advertisers are conducted at the Advertiser's own risk. BoatSalesDirect.com takes no responsibility and accepts no liability or dealings between Advertisers nor does
BoatSalesDirect.com provide warranties, undertakings or representations in relation to marine products listed on the website. It is the Advertiser's obligation to clarify and the buyers responsibility to verify:
(a) The correct and honest nature of information listed.
(b) Ownership details
(c) Merchantable quality
(d) Genuine description, and quality of product listed.
(e) The Advertisers ability and intent to complete transactions.
Note: Buyers should make own enquiries with regard to liability for import duty where applicable.
The Advertiser when placing information on the website with regard to Marine products, must observe the following requirements;
(a) Information must be honestly supplied.
(b) Full cash price including applicable GST must be inserted
(c) Misleading or incorrect information must be deleted
(d) The content cannot be changed during the paid advertising period (without BoatSalesDirect.com's written approval) to advertise different or alternate product.
Should the Advertiser fail to correct incorrect or misleading information, BoatSalesDirect.com is authorised to change or delete the information without refund.
Advertisements must:
(a) Display only one item for sale per listing.
(b) Advertisement must be presented in high quality definition using good quality photography and correct information.
(c) Provide full, correct and complete contact details for that one item only.
Misleading or deceptive information will be deleted without refund.
(a) Use of this service is at the Advertiser's sole risk in so far as legally permitted, BoatSalesDirect.com excludes all implied conditions or warranties including those relating to merchantable quality and fitness for use.
(b) BoatSalesDirect.com is hosted externally on a dedicated server at a specific data centre. All efforts will be made to provide fault free operation of the website but is unable to warrant the services will be uninterrupted or error free, nor that information on the website is free of errors.
(c) BoatSalesDirect.com does not warrant advice or information obtained from the website unless expressly warranted in these terms and conditions.
(d) BoatSalesDirect.com accepts no responsibility for advertisements appearing on the website (including hyperlinks to the advertisers own website).
(e) BoatSalesDirect.com by allowing advertisements to appear on its website does not in so doing constitute a recommendation or endorsement of the product advertised. All representations are those made by the advertiser.
No refunds will be given once the advertisement has appeared on the site in accordance with the advertiser's instructions.
BoatSalesDirect.com archives website data in accordance with a regular backup program, in the event of system failure or information corruption BoatSalesDirect.com will use its best endeavours to recover information. If this is not possible the advertiser will be required to resubmit its advertising material. BoatSalesDirect.com is unable to warrant recovery of all information in the case of system failure.
The Advertiser uses BoatSalesDirect.com website and software at its own sole risk. BoatSalesDirect.com does not warrant use of the website will result in sale of advertised product nor does BoatSalesDirect.com give any guarantee or warranty as to the number or quality of website hits. BSD's liability in relation to service disruption is agreed by the Advertisers to be a maximum of the amount paid by the Advertiser for any specific advertisement.
(a) Payment for Advertiser's advertisements are through a third party provider Direct Payment Solutions. Direct Payment Solutions' terms and conditions will be applicable in respect of such payments. Direct Payment Solutions' terms and conditions are able to be viewed at .http://www.paymentexpress.com/privacypolicy.htm
(b) Prices are as notified and will be subject to change from time to time. It is the Advertiser's responsibility to be familiar with the current pricing.
(c)Refunds will only be given in the case of system error.
(d) Should the Advertiser fail to comply with the terms and conditions, advertisement will be terminated without refund.
BSD collects personal information about the Advertiser through the Advertiser's use of the website and its services. You may enable cookies on your computer to facility ease of use of the BoatSalesdirect.com website and to allow BSD to continuously improve the service. This will provide information relating to your use of the website and content you access. You agree, BSD may use information to:
(a) Assist BSD in providing services to the Advertiser.
(b) Send emails to the Advertiser and facilitate email enquiries in respect to advertised items.
(c) Notify Advertisers in respect of changes to our services.
(d) Promote and market BSD's services
(e) Collect aggregated, anonymous website statistics for use in marketing and advertising on the website.
BSD do not provide or release personal information about the Advertiser to any third party.
Note In accordance with the requirements of the Law, BSD will upon request remove any Advertiser and the Advertiser's personal information from the website data systems.
BSD cannot be responsible for privacy policies of external websites to which BoatSalesDirect.com may link.
It is the Advertiser's responsibility to keep log in information in particular, userid, password and email address, confidential and secure. By accepting the Agreement you agree not to permit any other person to use the Advertiser's user name or membership, nor to disclose to any third party the Advertiser's password, address details or information which may facilitate access.
Terms and conditions applicable at the time of entering this Agreement form the entire Agreement between the parties and no other representations whatsoever whether oral or written will be taken to form part of this Agreement.
BSD and the Advertiser agree that no Joint Venture Partnership or Agency relationship exists between the parties as a result of the use of the BoatSalesDirect.com website or by virtue of the terms and conditions of this Agreement.
BSD reserves the right to accept any advertisement or refuse acceptance of any advertisement it considers inappropriate for use on the website.
BSD its agents or employees and/or the web host are not liable for any loss or damage incurred resultant upon access to or use of the BoatSalesDirect.com site whether arising from loss of use or data, malfunction, delay, virus, or unauthorised access.
Boatsales Direct.com Ltd