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Auction terms and conditions
The following terms and conditions govern the Service that we offer at the Site ('User's Agreement'). It covers auction sales. Please read these terms and conditions carefully. When you register with the Service, you are deemed to have accepted, and will be bound by the 'User's Agreement', as amended and varied by us from time to time including our Charter Terms and Conditions.
A. GENERAL
1.1 Terms and conditions
1. The terms and conditions contained in the 'User's Agreement' set out what you must do and what you must not do when using the Service. It also sets out our obligations to you. If you breach any of these conditions, we may decide not to allow you to use the Service, or claim reasonable damages against you. However, we do not intend to act unreasonably. Please take time to read these terms and conditions and make sure you understand them. If you have questions, please contact our customer service team at holiday@rentayacht.com.au.
2. We may amend the 'User's Agreement' from time to time by posting new terms and conditions on this Site. These amendments will usually take effect 7 days after the changes have been posted on the Site. You should review this 'User's Agreement' from time to time for any amendments. Please ensure you are familiar with them as changes may have been made to previous versions. Continued use by you of the Service following any amendments to this 'User's Agreement' will constitute your acceptance of the new terms and conditions applying to the Service.
3. Please note that additional conditions governing the Service and your relationship with us are contained in other Whitsunday Rent A Yacht website pages and unless those conditions conflict with these terms and conditions, they will be incorporated into and will form part of the 'User's Agreement'. In particular, please read our Charter Terms and Conditions carefully.
1.2 Use of the service
The Service is provided to you personally. When using the Service, you must not re-sell access to the Service to another person or make commercial use of the Service.
1. If a government department, government agency or law enforcement agency informs us that there is any information on the Site which is in contravention of, or may contravene any law, industry code of practice, policy guideline or regulation, we can remove that information from the Site.
2. Without limiting any other remedies available to us, we may suspend or terminate your account if we reasonably suspect that you may have engaged in fraudulent activity in connection with the Site.
1.3 Obligation to maintain system integrity
1. You may not take any action that might interfere with the operation of the Service.
2. You must not use any device, software or instruction to interfere or attempt to interfere with the proper working of the Site or any online auction being conducted on the Site.
3. You must not take any action which imposes an unreasonable or disproportionately large burden on our infrastructure.
4. You must not disclose or share your password to or with any third parties or use your password for any unauthorised purpose.
5. You are solely responsible for your transmissions through the Service. You must:
(i) Not forge communications or take any other action which would disguise the origin of the communications transmitted by you through the Service;
(ii) Not allow another person to transmit communications that falsely identifies your account as the origin of such a communication;
(iii) Not interfere with or disrupt networks connected to the Service;
(iv) Not use the Service for illegal purposes;
(v) Comply with all regulations, policies and procedures of networks connected to the Service which either apply by operation of law or are referred to in the Site.
6. We reserve the right to determine whether or not your conduct is consistent with the 'User's Agreement' and what we believe is good practice for the Site. We may in our sole discretion, immediately terminate your Account and use of the Service if your conduct is deemed by us to be inconsistent with the 'User's Agreement' or our standards of practice. However, in exercising our rights, we do not intend to act unreasonably.
B. REGISTRATION
2.1 Registering for use
1. You must register your details with us to use the Service (your 'Account'). Registration is free and does not oblige you to purchase anything.
2. You must not use false or misleading information when registering or using the Service. Your obligations to us won't be reduced for any reason including (for example) where you use a false name. If your details have changed since you last used the Service, you must provide us with the updated details. We are not responsible for any loss or damage (including misdirected emails or deliveries) which may occur because you have not provided us with complete and accurate information.
3. When you register for the Service, you must use your e-mail address and password. You must have an e-mail address (or 'login') and password before you can bid on items on the Site. You are responsible for the security of your e-mail and password. We may assume that anyone using your e-mail and password is authorised by you. Unauthorised access and use of your details will, under no circumstances, reduce your liability in connection with using the Service. This includes your obligation to purchase an item which may result from use of your e-mail and password. You must notify us immediately if you become aware of any unauthorised use of your e-mail or password or of any other security breach.
4. We intend to send notifications to you by e-mail of:
(i) Your account status, such as confirmation of registration to bid, or if you have 'forgotten your password'.
(ii) The status of an online auction in which you are participating, such as 'you have been outbid' e-mails, or 'you are the winning bidder' emails;
(iii) Request for payment of deposit, request for balance of charter fees and Charterer's Agreement that requires your signature.
(iv) A copy of your invoice, if applicable;
(v) Newsletters and other promotional events and offers, unless you tell us you do not wish to receive these communications when you complete your registration form; and
(vi) Requests to participate in customer feedback
5. We will use your personal data in accordance with our Privacy Statement. We will not sell your personal information to other mailing lists.
6. You may request that your Account be closed by emailing us a closure request to holiday@rentayacht.com.au. In the case of an online auction you may not close your Account while you are the highest bidder on an online auction. When you are no longer the highest bidder, or when the auction closes, you may request that your Account be closed.
7. We will only close your account if:
(i) Any online auction at which you have bid has closed
(ii) You have paid everything you owe us in cleared funds.
2.2 Eligibility to participate
You must be able to form legally binding contracts to use the Service. This means you must not use the Service if you are:
(a) Under 18 years of age
(b) an undischarged bankrupt, or
(c) Under any type of insolvency administration, where you are a company.
2.3 Your Information
'Your Information' includes any information you provide to us at any time, including when you register to use the Service to bid online or buy products.
1. You are solely responsible for Your Information. However, we may deal with Your Information if we deem it necessary or appropriate for example; if we believe Your Information may create any liability for us. In dealing with Your Information, we will always act reasonably.
2. You must ensure that:
(i) your Information is true, accurate and complete;
(ii) is not false or misleading;
(iii) does not infringe on any other person's rights (for example intellectual property rights) or privacy;
(iv) is not contrary to any applicable law or industry code of practice;
(v) is not defamatory, threatening or harassing;
(vi) is not obscene or pornographic; or
(vii) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other
computer programming instructions that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal information.
3. You must not do or allow to be done anything involving the Service which:
(i) may be contrary to any applicable law or industry code of practice, or
(ii) is prohibited by the 'User's Agreement'.
C. YOUR RIGHTS AND OBLIGATIONS
3.1 Online Auctions - Your obligations as bidder
1. When you use the maximum bid at an online auction, you are making an offer to buy the item at your bid price. If your bid price is the Winner's Bid Amount, you will be the Winning Bidder and you must purchase the item you have bid for and pay the Winner's Bid Amount, plus any additional charges that you may be obliged to pay.
2. Please take care when making a bid as once your bid is placed, it cannot be withdrawn.
3. It is your responsibility to read the Product Description and Charter Terms and Conditions relating to any item listed for auction on the Site.
4. Please make sure you understand the payment terms, including any amendment to those terms and conditions as outlined in the item's description.
5. You must not engage in bid manipulation.
3.2 Your obligation to pay – Online Auctions
1. If you are the Winning Bidder in an online auction, you must pay:
(i) The Winner's Bid Amount; and
(ii) Any other fees and charges specified in the Product Description, (the 'Invoice Amount').
(iii) Fuel used on completion of charter.
2. Timing of Payment:
(i) A deposit of 25 per cent will be required within seven (7) days of auction close.
(ii) The balance of charter fees must be received by Whitsunday Rent A Yacht fourteen (14) days after closure of the online auction.
(iii) All extra charges including damage levy/bond, marine park fee and delivery fee if applicable, must be received by Whitsunday Rent A Yacht fourteen (14) days prior to departure if departure is from an Island Marina, or on the date of departure from Shute Harbour.
(iv) Fuel is to be paid on completion of the charter.
3. Method of Payment:
(i) Credit card - credit card charges will apply to all payments.
(ii) Direct deposit into our nominated bank account is available on condition that it is made in time to meet the required payment deadlines stated above in (i) and (ii).
4. If we are unable to deduct from your credit card the total amount owing to us in one transaction, we may process any number of transactions on your credit card until the total amount you owe us is paid.
5. If you:
(i) Refuse to pay or otherwise fail to complete the purchase of an item when you are the Winning Bidder (for example, if your credit card balance is insufficient to meet all money due); or
(ii) Do not comply with the terms and conditions of the 'User's Agreement' we may, in our absolute discretion:
(a) Sue for all money owing to us, including any lost income; or
(b) Resell the item in any manner and on such conditions as we see fit without notice of resale to you and claim the net shortfall (between the Invoice Amount and the resale price received after deducting all expenses (as specified in (c) (if any) from you; or
(c) charge you a cancellation fee of $100.00 or 20% of the Invoice Amount (whichever is the greater) to cover the cost of resale of the item, lost commission and Buyer's Premium (if any), administration costs, and additional costs including advertising, insurance and any other reasonably incurred expenses incurred in reinstating us to the same position as if the item was sold to you. In taking the steps in (a), (b) or (c), you authorise us to charge your credit card for any amount owing to us.
6. Notwithstanding that you have been notified that you are a Winning Bidder, we may in our sole discretion choose to withdraw and not proceed with completion of the sale of the item if:
(i) The credit card payment is not processed in the first run due to card entry errors (including an incorrect or expired
card expiry date) made by you;
(ii) There are insufficient funds or the credit limit is insufficient to cover the Invoice Amount;
(iii) You do not pay the deposit within 2 working days of the Winning Bidder placing the Winner's Bid Amount;
(iv) You do not pay the balance of fees within 7 working days of the Winning Bidder placing the Winner's Bid Amount; or
(v) We are unable to contact you after reasonable enquiry for any reason.
7. If you fail to comply with any of these terms and conditions, any money which you paid to us by way of deposit on account of any purchases of an item may be forfeited to us. We may also sue you to recover the balance of the Invoice Amount and any other amounts owing to us under these terms and conditions. In exercising our power of forfeiture, we will not act unreasonably.
D. THE ONLINE AUCTION PROCESS
4.1 Procedure
1. You may bid by entering your maximum bid; or
2. You are responsible for monitoring the online auction in which you are participating including screen refresh to ensure you are viewing the latest data.
3. You cannot increase your bid when you are the current highest bidder. You must wait until someone else outbids you before you can place another maximum bid.
4. An online auction will start at the specified time and at the nominated minimum starting price.
5. All bids placed at an online auction;
(i) must be made on a per-item basis, and
(ii) May only be increased by increments of multiples of $20.
6. We set a minimum price for each item we auction at which the bidding must start.
7. We have discretion to close an online auction before the scheduled time. For example, we may close an online auction if:
(i) there is or we suspect there may be, fraudulent or malicious bidding;
(ii) there may be processing errors;
(iii) there may be technological errors or Site failure
8. Bids will be ranked in the following order of precedence;
(a) Bid price
(b) Initial bid time
For example, if two or more bids are for the same bid price, the time the bidder placed their first bid on the item takes precedence.
9. While you are the current highest bidder on an online auction, you will not be permitted to lower your current bid with a new lower bid.
4.2 Conclusion of online auction
The auction closes at 11:59pm (AEST) on the specified end date. We accept no responsibility for any circumstances or incidents arising as a result of any slight variations that may occur in the Refresh Period.
1. When an online auction in which you have participated closes and you are the Winning Bidder, we intend to notify you by e-mail. This notice may include;
(i) notification that you are the Winning Bidder and of the amount of your winning bid; and
(ii) The vessel departure and return dates of the charter.
2. We intend to provide this notice out of courtesy and as a reminder to you. You may not receive this email. However, you are solely responsible for monitoring the status of any online auction in which you participate and non-receipt of a Winning Bidder (or any other) email from us will not reduce or release you from your obligation to complete the sale and purchase the auction sale item.
3. When you place the winning bid at an online auction, we may charge the cost of your purchase, together with any other purchases you have made in accordance with clause 3.2.
4. If you are the Winning Bidder for an item at an online auction, you must complete the transaction and purchase that item.
5. You acknowledge that:
(i) unless otherwise stated all prices are quoted in Australian dollars;
(ii) You must pay for goods and services, including delivery costs and other fees as outlined in clause 3.2, in Australian dollars, unless otherwise specified.
4.3 Processing and technological errors
If there are errors in processing and/or Site downtime or any other errors or delays caused to the Site and/or Service as a result of technological difficulties associated with our servers, data hosting centre, internet service provider or any other reason, we may do all or any of the following:
1. at any time (prior to or after the original time set for conclusion of the online auction) extend an online auction for a period of time (determined at our discretion);
2. decide (prior to or after the original time set for conclusion of the online auction) to re-open an online auction for a period of time - to be determined at our discretion;
3. retract any Winning Bidder's emails which may have been sent out to bidders prior to or following (as the case may be) the conclusion of an online auction; and
4. amend at any time prior to or during an online auction, the 'start price' allocated to an item for sale online, but only so as to correct any errors due to processing or technological fault; and/or,
5. Cancel that entire online auction transaction and conduct the auction again.
4.4 Time - online auctions
When bidding on Whitsunday Rent A Yacht online auctions the time is always equal to Australian Eastern Standard Time for Queensland (AEST for Queensland) as applicable.
E. CANCELLATIONS
5.1 Travel and Cancellation Insurance
Once a deposit of $750.00 has been paid towards your charter, we strongly recommend you purchase travel insurance. This will enable you to claim the full amount of your charter fees paid should you need to cancel or curtail your charter for any reason.
5.2 Cancellation Policy
If you choose to cancel your charter, for whatever reason, less than 60 days prior to your charter departure date there will be no refund. If you choose to cancel your charter, for whatever reason, more than 60 days prior to your charter departure date, there will be a full refund except for a $100 cancellation fee which will be deducted from your refunded amount.
F. OUR RIGHTS
6.1 Suspension from use of service
1. We may refuse you the right to use the Service if you:
(i) do not pay for any item available via this service; or
(ii) give information which is untrue, inaccurate or incomplete; or
(iii) have engaged in any form of bid manipulation. In those circumstances you will be permanently suspended from the Service, including all associated secondary and re-registered membership accounts.
2. We may suspend, cancel or terminate your access to the Service if you breach or fail to observe the 'User's Agreement' or for any other reason at our discretion. However, we will not exercise our discretion unreasonably.
3. If we suspend your access to the Service, you may not register again.
6.2 False or Misleading Conduct
1. It is illegal to use a false name to buy any item with an invalid or stolen credit card or make bids, even if our software initially accepts such a bid. We intend to refer fraudulent users to the police and to your Internet Service Provider.
2. You may be sued for any losses suffered by any person arising out of any bid manipulation or illegal action.
3. If your credit card balance is insufficient to meet all money due to us, then in addition to all other remedies available to us under the 'User's Agreement', we may immediately institute proceedings against you for any amount owing to any person.
6.3 Our rights upon breach by you
We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registration Account (including on any of your current online auctions, and any other information you place on the Whitsunday Rent A Yacht site) if you breach the 'User's Agreement' or if we are unable to verify or authenticate any information you provide to us.
6.4 Rights as Agent and/or Seller
1. We may withdraw from and/or re-offer an item for sale if an online auction item:
(i) becomes unavailable due to damage,
(ii) is withdrawn by the manufacturer, distributor or vendor,
(iii) has been erroneously listed twice,
(iv) was incorrectly described, or
(v) was incorrectly priced.
2. We also reserve the right to change the:
(i) maximum number of items which you may buy or bid for; or
(ii) bid increment during an auction; at any time. For example, we will make these changes where processing errors, technological errors or other errors result in loading of incorrect information.
G. LIABILITY AND INDEMNITIES
7.1 Our liability to you
1. In an online auction we are not responsible for bids not received, processed or accepted due to technical difficulties, including those online bids placed by Autobid. In particular, we are not responsible for any loss, liability or damage incurred by you as a result of a bid not received, processed or accepted due to technical difficulties.
2. We provide the Site and the Service without any express or implied warranty or condition concerning the Site's capacity.
3. Neither we nor our suppliers will be liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with the delivery of the Service or the sale of any good.
4. We do not guarantee continuous, uninterrupted or secure access to the Service. Operation of the Site may be restricted by factors outside of our control.
5. You acknowledge that the internet can be an unstable, and sometimes, insecure environment. At times the Service may not be available or bids placed at online auctions may not be processed or accepted.
6. We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Site.
7. We cannot guarantee the preservation of any record, particularly after the provision of the Service to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice to any person.
7.2 Limitation of our liability to you
We do not exclude liability under any condition or warranty which cannot be excluded by law. In those circumstances we expressly limit our liability for breach of a condition or warranty implied by virtue of any law at our option:
(i) in the case of goods supplied to:
(a) the replacement of the goods;
(b) the supply of equivalent goods; or
(c) making a full refund to you.
(ii) in the case of services supplied to:
(a) supply of the services again;
(b) payment of the costs of having the services supplied again; or
(c) making a full refund to you.
7.3 Indemnities
1. You waive, release, discharge and relinquish any and all claims that you now have or may have against us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to the use of the Service.
2. You agree to indemnify and defend us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (the Whitsunday Rent A Yacht indemnified parties) harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the Whitsunday Rent A Yacht indemnified parties arising out of or in connection with the performance of their obligations as described in the 'User's Agreement' including the legal costs, fees and expenses of defending ourselves 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 your negligent act or omission on a full indemnity basis.
3. You further agree to indemnify and hold us, and the Whitsunday Rent A Yacht indemnified parties harmless from any claim or demand, including legal fees on a full indemnity basis), made by any third party due to or arising out of a breach of the 'User's Agreement' by you, or
4. The infringement by you, or other user of the Service using your e-mail and password, of any intellectual property or other right of any person or entity.
H. PRIVACY
Our Privacy Statement (as it appears from time to time) is available on the Site. We will take all reasonable steps to abide by this policy and all users of the Site agree to with the policy when using this Site.
1. If you do not agree to the collection of this information and the other information specified in the Privacy Statement, then you may not use the Site.
2. By registering with the Service and accepting the 'User's Agreement', you also consent to:
(i) Collection of a variety of personal information which is specified in greater detail in the Privacy Statement. This information includes your address, gender and date of birth and contact details; in some cases, credit card details, bidding and buying activities; and your use of our Site generally.
(ii) Use of your personal information for certain purposes specified in greater detail in the Privacy Statement. These purposes include internal use for improving the Service; meeting our obligations under State or Federal law; statistical analysis of usage of our Site to improve the Service; to utilise our content and product offerings and deliver promotional material to you (if you have opted for this service); and administrative purposes connected with the Site.
(iii) We may disclose your information in the circumstances specified in the Privacy Statement.
I. GOVERNING LAW
This 'User's Agreement' is governed by and will be construed according to the laws of the State of Queensland and the Commonwealth of Australia
J. GST
1. The Product Description will state the sale price of a lot is inclusive of GST (GST Inclusive).
K. DEFINITIONS AND INTERPRETATION
1. Invoice Amount has the meaning given to it in clause 3.2 of the 'User's Agreement' for online auctions.
2. Item Page means the page that contains the special terms and conditions and attaching to a particular good for sale.
3. Privacy Statement means that statement contained in the Privacy and Security Section of the Site.
4. Product Information means any information posted by us on the Site in relation to any item posted by us for sale on the Site.
5. Cancellation Policy means that policy contained in the Cancellation Policy Section.
6. Product Description means the special terms and conditions and specifications attaching to a particular good which are accessed by the potential buyer upon entry to the online sale portal for that particular good, and prior to accessing the catalogue and lot view details.
7. Service means the Whitsunday Rent A Yacht online auction service governed by the 'User's Agreement' and any other conditions contained on the Site.
8. Site means the Whitsunday Rent A Yacht website.
9. 'User's Agreement' means these terms and conditions which you are deemed to have agreed to when you register for the Service.
10. Us/We means Whitsunday Rent A Yacht, ABN 99 010 834 796, 6 Bay Terrace Shute Harbour Qld 4802.
11. Winner's Bid Amount means:
(i) the amount of the highest bid,
(ii) Where two or more bids are for the same price, the bid that was placed first.
12 .Winning Bidder means that bidder who has the highest bid at the conclusion of the online auction, allowing for any Bid Precedence rules.
Effective: 16 May 2011
A. GENERAL
1.1 Terms and conditions
1. The terms and conditions contained in the 'User's Agreement' set out what you must do and what you must not do when using the Service. It also sets out our obligations to you. If you breach any of these conditions, we may decide not to allow you to use the Service, or claim reasonable damages against you. However, we do not intend to act unreasonably. Please take time to read these terms and conditions and make sure you understand them. If you have questions, please contact our customer service team at holiday@rentayacht.com.au.
2. We may amend the 'User's Agreement' from time to time by posting new terms and conditions on this Site. These amendments will usually take effect 7 days after the changes have been posted on the Site. You should review this 'User's Agreement' from time to time for any amendments. Please ensure you are familiar with them as changes may have been made to previous versions. Continued use by you of the Service following any amendments to this 'User's Agreement' will constitute your acceptance of the new terms and conditions applying to the Service.
3. Please note that additional conditions governing the Service and your relationship with us are contained in other Whitsunday Rent A Yacht website pages and unless those conditions conflict with these terms and conditions, they will be incorporated into and will form part of the 'User's Agreement'. In particular, please read our Charter Terms and Conditions carefully.
1.2 Use of the service
The Service is provided to you personally. When using the Service, you must not re-sell access to the Service to another person or make commercial use of the Service.
1. If a government department, government agency or law enforcement agency informs us that there is any information on the Site which is in contravention of, or may contravene any law, industry code of practice, policy guideline or regulation, we can remove that information from the Site.
2. Without limiting any other remedies available to us, we may suspend or terminate your account if we reasonably suspect that you may have engaged in fraudulent activity in connection with the Site.
1.3 Obligation to maintain system integrity
1. You may not take any action that might interfere with the operation of the Service.
2. You must not use any device, software or instruction to interfere or attempt to interfere with the proper working of the Site or any online auction being conducted on the Site.
3. You must not take any action which imposes an unreasonable or disproportionately large burden on our infrastructure.
4. You must not disclose or share your password to or with any third parties or use your password for any unauthorised purpose.
5. You are solely responsible for your transmissions through the Service. You must:
(i) Not forge communications or take any other action which would disguise the origin of the communications transmitted by you through the Service;
(ii) Not allow another person to transmit communications that falsely identifies your account as the origin of such a communication;
(iii) Not interfere with or disrupt networks connected to the Service;
(iv) Not use the Service for illegal purposes;
(v) Comply with all regulations, policies and procedures of networks connected to the Service which either apply by operation of law or are referred to in the Site.
6. We reserve the right to determine whether or not your conduct is consistent with the 'User's Agreement' and what we believe is good practice for the Site. We may in our sole discretion, immediately terminate your Account and use of the Service if your conduct is deemed by us to be inconsistent with the 'User's Agreement' or our standards of practice. However, in exercising our rights, we do not intend to act unreasonably.
B. REGISTRATION
2.1 Registering for use
1. You must register your details with us to use the Service (your 'Account'). Registration is free and does not oblige you to purchase anything.
2. You must not use false or misleading information when registering or using the Service. Your obligations to us won't be reduced for any reason including (for example) where you use a false name. If your details have changed since you last used the Service, you must provide us with the updated details. We are not responsible for any loss or damage (including misdirected emails or deliveries) which may occur because you have not provided us with complete and accurate information.
3. When you register for the Service, you must use your e-mail address and password. You must have an e-mail address (or 'login') and password before you can bid on items on the Site. You are responsible for the security of your e-mail and password. We may assume that anyone using your e-mail and password is authorised by you. Unauthorised access and use of your details will, under no circumstances, reduce your liability in connection with using the Service. This includes your obligation to purchase an item which may result from use of your e-mail and password. You must notify us immediately if you become aware of any unauthorised use of your e-mail or password or of any other security breach.
4. We intend to send notifications to you by e-mail of:
(i) Your account status, such as confirmation of registration to bid, or if you have 'forgotten your password'.
(ii) The status of an online auction in which you are participating, such as 'you have been outbid' e-mails, or 'you are the winning bidder' emails;
(iii) Request for payment of deposit, request for balance of charter fees and Charterer's Agreement that requires your signature.
(iv) A copy of your invoice, if applicable;
(v) Newsletters and other promotional events and offers, unless you tell us you do not wish to receive these communications when you complete your registration form; and
(vi) Requests to participate in customer feedback
5. We will use your personal data in accordance with our Privacy Statement. We will not sell your personal information to other mailing lists.
6. You may request that your Account be closed by emailing us a closure request to holiday@rentayacht.com.au. In the case of an online auction you may not close your Account while you are the highest bidder on an online auction. When you are no longer the highest bidder, or when the auction closes, you may request that your Account be closed.
7. We will only close your account if:
(i) Any online auction at which you have bid has closed
(ii) You have paid everything you owe us in cleared funds.
2.2 Eligibility to participate
You must be able to form legally binding contracts to use the Service. This means you must not use the Service if you are:
(a) Under 18 years of age
(b) an undischarged bankrupt, or
(c) Under any type of insolvency administration, where you are a company.
2.3 Your Information
'Your Information' includes any information you provide to us at any time, including when you register to use the Service to bid online or buy products.
1. You are solely responsible for Your Information. However, we may deal with Your Information if we deem it necessary or appropriate for example; if we believe Your Information may create any liability for us. In dealing with Your Information, we will always act reasonably.
2. You must ensure that:
(i) your Information is true, accurate and complete;
(ii) is not false or misleading;
(iii) does not infringe on any other person's rights (for example intellectual property rights) or privacy;
(iv) is not contrary to any applicable law or industry code of practice;
(v) is not defamatory, threatening or harassing;
(vi) is not obscene or pornographic; or
(vii) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other
computer programming instructions that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal information.
3. You must not do or allow to be done anything involving the Service which:
(i) may be contrary to any applicable law or industry code of practice, or
(ii) is prohibited by the 'User's Agreement'.
C. YOUR RIGHTS AND OBLIGATIONS
3.1 Online Auctions - Your obligations as bidder
1. When you use the maximum bid at an online auction, you are making an offer to buy the item at your bid price. If your bid price is the Winner's Bid Amount, you will be the Winning Bidder and you must purchase the item you have bid for and pay the Winner's Bid Amount, plus any additional charges that you may be obliged to pay.
2. Please take care when making a bid as once your bid is placed, it cannot be withdrawn.
3. It is your responsibility to read the Product Description and Charter Terms and Conditions relating to any item listed for auction on the Site.
4. Please make sure you understand the payment terms, including any amendment to those terms and conditions as outlined in the item's description.
5. You must not engage in bid manipulation.
3.2 Your obligation to pay – Online Auctions
1. If you are the Winning Bidder in an online auction, you must pay:
(i) The Winner's Bid Amount; and
(ii) Any other fees and charges specified in the Product Description, (the 'Invoice Amount').
(iii) Fuel used on completion of charter.
2. Timing of Payment:
(i) A deposit of 25 per cent will be required within seven (7) days of auction close.
(ii) The balance of charter fees must be received by Whitsunday Rent A Yacht fourteen (14) days after closure of the online auction.
(iii) All extra charges including damage levy/bond, marine park fee and delivery fee if applicable, must be received by Whitsunday Rent A Yacht fourteen (14) days prior to departure if departure is from an Island Marina, or on the date of departure from Shute Harbour.
(iv) Fuel is to be paid on completion of the charter.
3. Method of Payment:
(i) Credit card - credit card charges will apply to all payments.
(ii) Direct deposit into our nominated bank account is available on condition that it is made in time to meet the required payment deadlines stated above in (i) and (ii).
4. If we are unable to deduct from your credit card the total amount owing to us in one transaction, we may process any number of transactions on your credit card until the total amount you owe us is paid.
5. If you:
(i) Refuse to pay or otherwise fail to complete the purchase of an item when you are the Winning Bidder (for example, if your credit card balance is insufficient to meet all money due); or
(ii) Do not comply with the terms and conditions of the 'User's Agreement' we may, in our absolute discretion:
(a) Sue for all money owing to us, including any lost income; or
(b) Resell the item in any manner and on such conditions as we see fit without notice of resale to you and claim the net shortfall (between the Invoice Amount and the resale price received after deducting all expenses (as specified in (c) (if any) from you; or
(c) charge you a cancellation fee of $100.00 or 20% of the Invoice Amount (whichever is the greater) to cover the cost of resale of the item, lost commission and Buyer's Premium (if any), administration costs, and additional costs including advertising, insurance and any other reasonably incurred expenses incurred in reinstating us to the same position as if the item was sold to you. In taking the steps in (a), (b) or (c), you authorise us to charge your credit card for any amount owing to us.
6. Notwithstanding that you have been notified that you are a Winning Bidder, we may in our sole discretion choose to withdraw and not proceed with completion of the sale of the item if:
(i) The credit card payment is not processed in the first run due to card entry errors (including an incorrect or expired
card expiry date) made by you;
(ii) There are insufficient funds or the credit limit is insufficient to cover the Invoice Amount;
(iii) You do not pay the deposit within 2 working days of the Winning Bidder placing the Winner's Bid Amount;
(iv) You do not pay the balance of fees within 7 working days of the Winning Bidder placing the Winner's Bid Amount; or
(v) We are unable to contact you after reasonable enquiry for any reason.
7. If you fail to comply with any of these terms and conditions, any money which you paid to us by way of deposit on account of any purchases of an item may be forfeited to us. We may also sue you to recover the balance of the Invoice Amount and any other amounts owing to us under these terms and conditions. In exercising our power of forfeiture, we will not act unreasonably.
D. THE ONLINE AUCTION PROCESS
4.1 Procedure
1. You may bid by entering your maximum bid; or
2. You are responsible for monitoring the online auction in which you are participating including screen refresh to ensure you are viewing the latest data.
3. You cannot increase your bid when you are the current highest bidder. You must wait until someone else outbids you before you can place another maximum bid.
4. An online auction will start at the specified time and at the nominated minimum starting price.
5. All bids placed at an online auction;
(i) must be made on a per-item basis, and
(ii) May only be increased by increments of multiples of $20.
6. We set a minimum price for each item we auction at which the bidding must start.
7. We have discretion to close an online auction before the scheduled time. For example, we may close an online auction if:
(i) there is or we suspect there may be, fraudulent or malicious bidding;
(ii) there may be processing errors;
(iii) there may be technological errors or Site failure
8. Bids will be ranked in the following order of precedence;
(a) Bid price
(b) Initial bid time
For example, if two or more bids are for the same bid price, the time the bidder placed their first bid on the item takes precedence.
9. While you are the current highest bidder on an online auction, you will not be permitted to lower your current bid with a new lower bid.
4.2 Conclusion of online auction
The auction closes at 11:59pm (AEST) on the specified end date. We accept no responsibility for any circumstances or incidents arising as a result of any slight variations that may occur in the Refresh Period.
1. When an online auction in which you have participated closes and you are the Winning Bidder, we intend to notify you by e-mail. This notice may include;
(i) notification that you are the Winning Bidder and of the amount of your winning bid; and
(ii) The vessel departure and return dates of the charter.
2. We intend to provide this notice out of courtesy and as a reminder to you. You may not receive this email. However, you are solely responsible for monitoring the status of any online auction in which you participate and non-receipt of a Winning Bidder (or any other) email from us will not reduce or release you from your obligation to complete the sale and purchase the auction sale item.
3. When you place the winning bid at an online auction, we may charge the cost of your purchase, together with any other purchases you have made in accordance with clause 3.2.
4. If you are the Winning Bidder for an item at an online auction, you must complete the transaction and purchase that item.
5. You acknowledge that:
(i) unless otherwise stated all prices are quoted in Australian dollars;
(ii) You must pay for goods and services, including delivery costs and other fees as outlined in clause 3.2, in Australian dollars, unless otherwise specified.
4.3 Processing and technological errors
If there are errors in processing and/or Site downtime or any other errors or delays caused to the Site and/or Service as a result of technological difficulties associated with our servers, data hosting centre, internet service provider or any other reason, we may do all or any of the following:
1. at any time (prior to or after the original time set for conclusion of the online auction) extend an online auction for a period of time (determined at our discretion);
2. decide (prior to or after the original time set for conclusion of the online auction) to re-open an online auction for a period of time - to be determined at our discretion;
3. retract any Winning Bidder's emails which may have been sent out to bidders prior to or following (as the case may be) the conclusion of an online auction; and
4. amend at any time prior to or during an online auction, the 'start price' allocated to an item for sale online, but only so as to correct any errors due to processing or technological fault; and/or,
5. Cancel that entire online auction transaction and conduct the auction again.
4.4 Time - online auctions
When bidding on Whitsunday Rent A Yacht online auctions the time is always equal to Australian Eastern Standard Time for Queensland (AEST for Queensland) as applicable.
E. CANCELLATIONS
5.1 Travel and Cancellation Insurance
Once a deposit of $750.00 has been paid towards your charter, we strongly recommend you purchase travel insurance. This will enable you to claim the full amount of your charter fees paid should you need to cancel or curtail your charter for any reason.
5.2 Cancellation Policy
If you choose to cancel your charter, for whatever reason, less than 60 days prior to your charter departure date there will be no refund. If you choose to cancel your charter, for whatever reason, more than 60 days prior to your charter departure date, there will be a full refund except for a $100 cancellation fee which will be deducted from your refunded amount.
F. OUR RIGHTS
6.1 Suspension from use of service
1. We may refuse you the right to use the Service if you:
(i) do not pay for any item available via this service; or
(ii) give information which is untrue, inaccurate or incomplete; or
(iii) have engaged in any form of bid manipulation. In those circumstances you will be permanently suspended from the Service, including all associated secondary and re-registered membership accounts.
2. We may suspend, cancel or terminate your access to the Service if you breach or fail to observe the 'User's Agreement' or for any other reason at our discretion. However, we will not exercise our discretion unreasonably.
3. If we suspend your access to the Service, you may not register again.
6.2 False or Misleading Conduct
1. It is illegal to use a false name to buy any item with an invalid or stolen credit card or make bids, even if our software initially accepts such a bid. We intend to refer fraudulent users to the police and to your Internet Service Provider.
2. You may be sued for any losses suffered by any person arising out of any bid manipulation or illegal action.
3. If your credit card balance is insufficient to meet all money due to us, then in addition to all other remedies available to us under the 'User's Agreement', we may immediately institute proceedings against you for any amount owing to any person.
6.3 Our rights upon breach by you
We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registration Account (including on any of your current online auctions, and any other information you place on the Whitsunday Rent A Yacht site) if you breach the 'User's Agreement' or if we are unable to verify or authenticate any information you provide to us.
6.4 Rights as Agent and/or Seller
1. We may withdraw from and/or re-offer an item for sale if an online auction item:
(i) becomes unavailable due to damage,
(ii) is withdrawn by the manufacturer, distributor or vendor,
(iii) has been erroneously listed twice,
(iv) was incorrectly described, or
(v) was incorrectly priced.
2. We also reserve the right to change the:
(i) maximum number of items which you may buy or bid for; or
(ii) bid increment during an auction; at any time. For example, we will make these changes where processing errors, technological errors or other errors result in loading of incorrect information.
G. LIABILITY AND INDEMNITIES
7.1 Our liability to you
1. In an online auction we are not responsible for bids not received, processed or accepted due to technical difficulties, including those online bids placed by Autobid. In particular, we are not responsible for any loss, liability or damage incurred by you as a result of a bid not received, processed or accepted due to technical difficulties.
2. We provide the Site and the Service without any express or implied warranty or condition concerning the Site's capacity.
3. Neither we nor our suppliers will be liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with the delivery of the Service or the sale of any good.
4. We do not guarantee continuous, uninterrupted or secure access to the Service. Operation of the Site may be restricted by factors outside of our control.
5. You acknowledge that the internet can be an unstable, and sometimes, insecure environment. At times the Service may not be available or bids placed at online auctions may not be processed or accepted.
6. We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Site.
7. We cannot guarantee the preservation of any record, particularly after the provision of the Service to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice to any person.
7.2 Limitation of our liability to you
We do not exclude liability under any condition or warranty which cannot be excluded by law. In those circumstances we expressly limit our liability for breach of a condition or warranty implied by virtue of any law at our option:
(i) in the case of goods supplied to:
(a) the replacement of the goods;
(b) the supply of equivalent goods; or
(c) making a full refund to you.
(ii) in the case of services supplied to:
(a) supply of the services again;
(b) payment of the costs of having the services supplied again; or
(c) making a full refund to you.
7.3 Indemnities
1. You waive, release, discharge and relinquish any and all claims that you now have or may have against us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to the use of the Service.
2. You agree to indemnify and defend us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (the Whitsunday Rent A Yacht indemnified parties) harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the Whitsunday Rent A Yacht indemnified parties arising out of or in connection with the performance of their obligations as described in the 'User's Agreement' including the legal costs, fees and expenses of defending ourselves 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 your negligent act or omission on a full indemnity basis.
3. You further agree to indemnify and hold us, and the Whitsunday Rent A Yacht indemnified parties harmless from any claim or demand, including legal fees on a full indemnity basis), made by any third party due to or arising out of a breach of the 'User's Agreement' by you, or
4. The infringement by you, or other user of the Service using your e-mail and password, of any intellectual property or other right of any person or entity.
H. PRIVACY
Our Privacy Statement (as it appears from time to time) is available on the Site. We will take all reasonable steps to abide by this policy and all users of the Site agree to with the policy when using this Site.
1. If you do not agree to the collection of this information and the other information specified in the Privacy Statement, then you may not use the Site.
2. By registering with the Service and accepting the 'User's Agreement', you also consent to:
(i) Collection of a variety of personal information which is specified in greater detail in the Privacy Statement. This information includes your address, gender and date of birth and contact details; in some cases, credit card details, bidding and buying activities; and your use of our Site generally.
(ii) Use of your personal information for certain purposes specified in greater detail in the Privacy Statement. These purposes include internal use for improving the Service; meeting our obligations under State or Federal law; statistical analysis of usage of our Site to improve the Service; to utilise our content and product offerings and deliver promotional material to you (if you have opted for this service); and administrative purposes connected with the Site.
(iii) We may disclose your information in the circumstances specified in the Privacy Statement.
I. GOVERNING LAW
This 'User's Agreement' is governed by and will be construed according to the laws of the State of Queensland and the Commonwealth of Australia
J. GST
1. The Product Description will state the sale price of a lot is inclusive of GST (GST Inclusive).
K. DEFINITIONS AND INTERPRETATION
1. Invoice Amount has the meaning given to it in clause 3.2 of the 'User's Agreement' for online auctions.
2. Item Page means the page that contains the special terms and conditions and attaching to a particular good for sale.
3. Privacy Statement means that statement contained in the Privacy and Security Section of the Site.
4. Product Information means any information posted by us on the Site in relation to any item posted by us for sale on the Site.
5. Cancellation Policy means that policy contained in the Cancellation Policy Section.
6. Product Description means the special terms and conditions and specifications attaching to a particular good which are accessed by the potential buyer upon entry to the online sale portal for that particular good, and prior to accessing the catalogue and lot view details.
7. Service means the Whitsunday Rent A Yacht online auction service governed by the 'User's Agreement' and any other conditions contained on the Site.
8. Site means the Whitsunday Rent A Yacht website.
9. 'User's Agreement' means these terms and conditions which you are deemed to have agreed to when you register for the Service.
10. Us/We means Whitsunday Rent A Yacht, ABN 99 010 834 796, 6 Bay Terrace Shute Harbour Qld 4802.
11. Winner's Bid Amount means:
(i) the amount of the highest bid,
(ii) Where two or more bids are for the same price, the bid that was placed first.
12 .Winning Bidder means that bidder who has the highest bid at the conclusion of the online auction, allowing for any Bid Precedence rules.
Effective: 16 May 2011
