Welcome to the website of Exclusive Charters Pty Ltd (ABN 16 137 844 476) (“we”, “us” or the “Company”), perth’s leading booking agent for charter boats. This website is located on the web via the domain https://www.exclusiveboatcharters.com.au and includes all of the files located in that domain (“this site”).
Legal capacity to transact
If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to the Company that you are over the age of 18 years. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
Your use of this site is subject to the rules set out in Schedule 1 below.
Requirement for registration
The Company reserves the right to make any parts of this site accessible only to users who have registered.
Username and password
Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using this site with your username and password is you or your authorised representative. You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.
Multiple accounts and automated account opening
One person may not maintain more than one account with this site. Accounts registered by “bots” or other automated methods are not permitted.
Approval of registrations
The Company reserves the right to accept or reject any application for registration of an account with this site at its discretion.
Order constitutes offer
Acceptance of orders
Acceptance of each order will take place if and when the Company either: provides the services to you, at the time at which the Company commences providing the services; or notifies you in writing that your order has been accepted, at the time at which such notification is sent by the Company.
The Company reserves the right to change the prices for services displayed in this site at any time before you place an order.
Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Payment for orders placed through this site may be made: by credit card processed online using the secure eWAY payment gateway; or via direct bank deposit by electronic funds transfer (EFT).
eWAY secure payment gateway
Credit and debit card payments
It is not necessary to have an eWAY account in order to make a purchase on this site. All major credit cards and debit cards are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.
Payment by EFT
If you elect to pay for an order by direct deposit using EFT, after your order has been submitted, we will send you an email containing instructions for making the payment, or otherwise provide such information to you, including our bank account details and the reference number for your order. Please quote the reference number for the EFT transaction in order to avoid delays in processing your order.
Refunds and other remedies
While eWAY and our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company. The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
Dealings with third parties
Content supplied by third parties
This site includes an online portal that allows third parties to advertise goods and/or services for sale to our users through this site and to upload information and other content directly to this site for our users to access. We do not act as agent for any such third parties and we take no responsibility, and assume no liability, for: any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised; any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or any loss or damage that results from any dealings that you may have with such third parties.
Third party goods/services and websites
We do not recommend or endorse any third party goods or services that are listed, advertised or referred to in this site or the content of any third party websites. We are not responsible for the content of linked third party websites, websites framed within this site or third party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third party websites is at your own risk and subject to their respective terms and conditions of use.
You acknowledge that the Company does not: check the truth or currency of any of the material or information that third parties provide or make available through this site; control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties referred to in this site or whose identities become known to you through this site, including suppliers of content that is published or made available in or through this site; offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties; or endorse or recommend any third party supplier or any third party goods or services, including where details of the relevant supplier are provided by the Company to you or otherwise become known to you through this site.
Role of the Company
The relevant supplier, and not the Company, is: the supplier of the goods and/or services that you offer to purchase; and solely responsible for supplying you with those goods and/or services and for those goods/services themselves. We do not act as agent for the supplier and we make no representation or warranty, and provide no guarantee, that the supplier will provide you with the goods and/or services that you offer to purchase through this site, or that those goods/services will meet your expectations. You should satisfy yourself through your own enquiries as to the quality or suitability of any supplier listed on this site and any goods or services supplied, offered or recommended by or on behalf of a supplier.
Supplier’s terms and conditions
Acceptance of an order creates a contract between you and the relevant supplier in respect of the provision of the goods and/or services that are the subject of that order. The Company is not a party to that contract. That contract will be subject to relevant supplier’s own terms and conditions of supply. You will be responsible for investigating and reviewing the supplier’s terms and conditions of supply – including its policies on refunds, returns, cancellations and rescheduling, as applicable – prior to placing any order through this site.
Refunds from suppliers
As between you and the Company, all amounts paid through this site are non-refundable. If, pursuant to the terms and conditions of the contract that is formed between you and any supplier upon the acceptance of any offer that you make through this site, you are entitled to any refund, the relevant supplier is solely responsible for providing you with that refund. The Company does not guarantee the provision of that refund to you and you must take action against the supplier directly, and not against the Company, in order to enforce your entitlement to that refund.
Disputes between users and suppliers
You are solely responsible for your interactions with suppliers listed on this site and the Company is not a party to any transactions between you and such suppliers. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users and suppliers. If you believe that any supplier from which you have purchased any goods or services through this site has failed to provide those goods or services to you, or that those goods or services did not meet your expectations, please contact us to let us know so that we may take disciplinary action against that supplier if we consider it appropriate at our discretion to do so. The Company will not, however, act on your behalf, or on behalf of any supplier, in respect of any dispute between you and a supplier.
The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that: the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; this site will meet your requirements or expectations; anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date; the quality of any services, information or other material purchased or obtained through this site will meet any particular requirements or expectations; errors or defects will be corrected; or this site or the servers that make it available are free of viruses or other harmful components.
Exclusion of liability
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion): in the case of goods, to any of the following: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and in the case of services: the supply of the services again; or the payment of the cost of having the services supplied again.
Governing law and jurisdiction
– Prohibited conduct
YOU MUST NOT:
use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site; engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure; use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network; use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes; use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site; use this site by any automated means; use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email; access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews; interfere with the display of any advertisements appearing on or in connection with this site; reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site; reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use; falsely imply that any other website is associated with this site; do anything that leads, or may lead, to a decrease in the value of the Company’s intellectual property rights in this site; use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site; release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company’s prior written consent; or use this site to transmit any information or material that is, or may reasonably be considered to be: abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way; libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised; infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right; in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship; in breach of any person’s privacy or publicity rights; a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement); in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so; containing any political campaigning material, advertisements or solicitations; or likely to bring the Company or any of its staff into disrepute.
We care about your privacy:
We will never rent, trade or sell your email address to anyone.
We will never publicly display your email address or other personal details that identify you.
The Australian Privacy Principles
We will treat all personal information in accordance with any and all obligations that are binding upon us under the Privacy Act 1988 (Cth) (“Privacy Act”). The Privacy Act lays down 13 key principles in relation to the collection and treatment of personal information, which are called the “Australian Privacy Principles”.
What is “personal information”?
Personal information held by the Company may include your: name and date of birth; residential and business postal addresses, telephone/mobile/fax numbers and email addresses; bank account and/or credit card details for agreed billing purposes; any information that you provided to us by you during your account creation process or added to your user profile; preferences and password for using this site and your computer and connection information; and any information that you otherwise share with us.
Information provided to eWAY
All purchases that are made through this site are processed securely and externally by eWAY. Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to eWAY, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing address).
How we may collect your personal information
At this site, we only collect personal information that is necessary for us to conduct our business as perth’s leading booking agent for charter boats.
Information that you provide to us
We may collect personal information that you provide to us about yourself when you: use this site, including (without limitation) when you: create a user account; add information to your user profile; purchase any services through this site; add reviews, forum or chat room messages or comments in any elements of this site that permit user-generated content; register for access to premium content or request certain premium features; or complete an online contact form to contact us or any third party supplier; provide information to us by telephone or through marketing or competition application forms; or send us an email or other communication.
This site may also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. The Company collects and manages IP addresses as part of the service of providing internet session management and for security purposes. The Company may also collect and use web log, computer and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving, this site.
This site uses “cookies” to help personalise your online experience. A cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used at this site: a persistent cookie and a session cookie. A persistent cookie is entered by your web browser into the “Cookies” folder on your computer and remains in that folder after you close your browser, and may be used by your browser on subsequent visits to this site. A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut down your computer. Cookies cannot be used to run programs. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store personal information about you. The Company extends the same privacy protection to your personal information, whether gathered via cookies or from other sources. You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this site.
Third party cookies
How we may use your personal information
Your personal information may be used in order to: verify your identity; assist you to place orders through this site; process any purchases of services that you may make through this site, including charging, billing and collecting debts; make changes to your account; respond to any queries or feedback that you may have; conduct appropriate checks for credit-worthiness and for fraud; prevent and detect any misuse of, or fraudulent activities involving, this site; conduct research and development in respect of our services; gain an understanding of your information and communication needs or obtain your feedback or views about our services in order for us to improve them; and/or maintain and develop our business systems and infrastructure, including testing and upgrading of these systems, and for any other purpose reasonably considered necessary or desirable by the Company in relation to the operation of our business. From time to time we may email our customers with news, information and offers relating to our own services or those of selected partners. Your personal information may also be collected so that the Company can promote and market products and services to you. This is to keep you informed of products, services, and special offers we believe you will find valuable and may continue after you cease acquiring products and services from us. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request. You can unsubscribe from such communications at any time if you choose.
When we may disclose your personal information
Information provided to suppliers
When you acquire or access any other goods or services from a third party supplier through this site, we will provide to that supplier such information as is necessary to enable it to process and administer your order. Such information will include personal information about you, including (without limitation) your name and contact details.
Information provided to other organisations
In order to deliver the services you require or for the purposes set out above, the Company may disclose your personal information to organisations outside the Company. Your personal information may be disclosed to these organisations only in relation to this site, and the Company takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. These organisations may carry out or provide: customer enquiries; mailing systems; billing and debt-recovery functions; information technology services; marketing, telemarketing and sales services; market research; and website usage analysis. In addition, we may disclose your personal information to: your authorised representatives or legal advisers (when requested by you to do so); credit-reporting and fraud-checking agencies; credit providers (for credit-related purposes such as creditworthiness, credit rating, credit provision and financing); our professional advisers, including our accountants, auditors and lawyers; government and regulatory authorities and other organisations, as required or authorised by law; organisations who manage our business strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing our business risk and funding functions; and the police or other appropriate persons where your communication suggests possible illegal activity or harm to others.
Contacting us about privacy
If you would like more information about the way we manage personal information that we hold about you, or are concerned that we may have breached your privacy, please contact us by email to firstname.lastname@example.org or by post.
Access to your personal information
In most cases, you may have access to personal information that we hold about you. We will handle requests for access to your personal information in accordance with the Australian Privacy Principles. All requests for access to your personal information must be directed to the Privacy Officer by email using the email address provided above or by writing to us at our postal address. We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information that is not currently in use, may require further time before a response can be given. We may charge you a fee for access if a cost is incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access. In some cases, we may refuse to give you access to personal information that we hold about you. This may include circumstances where giving you access would: be unlawful (eg, where a record that contains personal information about you is subject to a claim for legal professional privilege by one of our contractual counterparties); have an unreasonable impact on another person’s privacy; or prejudice an investigation of unlawful activity. We may also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings. If we refuse to give you access, we will provide you with reasons for our refusal.
Correcting your personal information
We will amend any personal information about you that is held by us and that is inaccurate, incomplete or out of date if you request us to do so. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information that is held by us, and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.
Storage and security of your personal information
We are committed to maintaining the confidentiality of the information that you provide us and we will take all reasonable precautions to protect your personal information from unauthorised use or alteration. In our business, personal information may be stored both electronically (on our computer systems and with our website hosting provider) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect all of our electronic information. Likewise, we take all reasonable measures to ensure the security of hard-copy information.
Third party websites
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If you require any further information about the Privacy Act and the Australian Privacy Principles, you can visit the Federal Privacy Commissioner’s website (see www.privacy.gov.au).