AUSTRALIAN BOAT PARTIES PTY LTD, ABN 65 684 615 389 (we, our, us or Australian Boat Parties) is the owner and operator of the website located at australianboatparties.com (Website).
By accessing or using the Website, you (you, your or User) agree to comply with these Terms & Conditions (Terms).
We may amend these Terms from time to time at our discretion. Any updated Terms will be published on the Website. By continuing to use the Website after changes have been published, you agree to be bound by the amended Terms.
PURPOSE OF WEBSITE
The purpose of this Website is to provide information about Australian Boat Parties and our various goods and services, which may include boat party and cruise experiences, events, entertainment, artist booking services and related services.
The Website may also provide you with opportunities to make enquiries, submit booking requests, create or access an account through the COKORA ASCEND platform, manage bookings, and communicate with us regarding our Services.
RELIANCE
The Website has been created to provide general information to Users. While we make reasonable efforts to ensure that information provided on the Website is accurate and up to date, we do not guarantee the accuracy, completeness, reliability or timeliness of the information provided.
Details displayed on the Website, including but not limited to event dates, availability, pricing, artists, entertainment options, venues, services and other event information, may be changed or updated from time to time without notice.
Information displayed on the Website does not constitute a guarantee that any particular service, artist, event, venue, date or booking option will be available.
Any booking or service provided by Australian Boat Parties may be subject to additional terms, conditions, booking requirements or agreements that apply specifically to that booking or service.
PROHIBITED ACTS
You must not access or use the Website:
- In a way that violates these Terms;
- For unlawful activities or purposes;
- In a way that is fraudulent, inaccurate, false, misleading or deceptive;
- To defame, harass, vilify or otherwise harm another User or person;
- In a way that violates any applicable law, including applicable privacy laws;
- In a way that infringes the rights of any other person, including any third-party Intellectual Property rights;
- To interfere with, disrupt or compromise the security or proper operation of the Website or COKORA ASCEND platform; or
- To gain unauthorised access to any account, system, data or functionality.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, Australian Boat Parties owns or has the appropriate rights to use the copyright, trade marks and other Intellectual Property rights contained in the Website, including its structure, design and look and feel.
All components of the Website, including text, graphics, photographs, fonts, logos, software, source code, videos, domain names, service marks, trade marks, information, designs and data (Content) are owned by or licensed to Australian Boat Parties or its relevant service providers or licensors.
You must not reproduce, copy, modify, distribute, publish, transmit, display, create derivative works from or otherwise use any Content from the Website for commercial purposes without our prior written permission.
You may browse and view the Website and may print or save reasonable portions of the Content for your own personal or internal business use, provided that you do not modify the Content or remove any copyright, trade mark or other proprietary notices.
Intellectual Property means all intellectual property rights, including without limitation trade marks (registered or unregistered), copyrights, designs, patents, slogans, text, graphics, photographs, fonts, logos, videos, domain names and service marks, and includes any future rights.
COKORA ASCEND
Certain booking, account management and related functionality may be provided through the COKORA ASCEND platform.
Your use of COKORA ASCEND may be subject to additional terms, conditions and requirements applicable to the relevant booking or account.
You are responsible for maintaining the confidentiality of your account credentials and for all activity undertaken through your account. You must notify us as soon as reasonably practicable if you become aware of any unauthorised access to or use of your account.
BOOKINGS AND SERVICES
Information provided through the Website may allow you to submit enquiries or booking requests for our Services.
Submitting an enquiry or booking request does not necessarily constitute acceptance of the booking by Australian Boat Parties. A booking will only be considered confirmed once Australian Boat Parties has provided confirmation in accordance with the applicable booking process.
Specific booking details, including pricing, payment requirements, cancellation conditions, event arrangements, artist availability and other applicable requirements, may be provided separately as part of the booking process or on an applicable invoice or booking confirmation.
Where additional terms apply to a particular booking or Service, those terms will apply in addition to these Terms.
THIRD-PARTY LINKS
The Website may contain links to third-party websites, applications or services over which we have no control.
These links are provided for your convenience only. We are not responsible for the content, availability, security, privacy practices, products or services provided by third-party websites or applications.
The inclusion of a link does not necessarily constitute an endorsement or recommendation by Australian Boat Parties.
LIABILITY
To the extent permitted by law, your use of and reliance on the Website and its Content is at your own risk.
We do not guarantee that the Website will always be available, uninterrupted, secure or free from errors, defects, viruses or other harmful components.
To the extent permitted by law, Australian Boat Parties excludes liability for any loss or damage arising from or in connection with your use of, or reliance on, the Website or its Content, including indirect or consequential loss, loss of profits, loss of revenue, loss of opportunity or loss of data.
Nothing in these Terms excludes, restricts or modifies any rights, guarantees or remedies that cannot lawfully be excluded, restricted or modified under applicable Australian law, including any rights you may have under the Australian Consumer Law.
INDEMNITY
To the extent permitted by law, you indemnify Australian Boat Parties against any loss, damage, liability, cost or expense (including reasonable legal costs) arising from or in connection with:
- Your breach of these Terms;
- Your misuse of the Website or COKORA ASCEND platform;
- Your violation of any applicable law; or
- Your infringement of the rights of any third party.
PRIVACY POLICY
Your use of the Website is also governed by our Privacy Policy, which explains how we collect, use, disclose and protect your Personal Information.
The Privacy Policy is available on the Website.
GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia.
If any provision of these Terms conflicts with a provision of legislation of the Commonwealth of Australia or any State or Territory, the applicable legislation will prevail to the extent of the inconsistency.
The Website may be accessed from outside Australia. We make no representation that the Content available through the Website complies with the laws of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for ensuring compliance with applicable local laws.
