Terms Of Service

Effective: November, 2024

Introduction and Acceptance

Welcome and thank you for viewing MatesBoat™ website and Terms of Service (collectively, the “Website”, “Platform”, “Marketplace”, “us”, “we”, or “our”). These Terms of Service (the “Agreement”) govern the way you access, interact and use the services within the Website. Your access to and the use of the Website services are conditional on your acceptance of and compliance with this Agreement. By accessing or using any part of the Website You agree to have formed a legally binding contract with MatesBoat™ and are so bound to comply with the terms of this agreement.

PLEASE ENSURE YOU READ ALL THE TERMS OF SERVICE CAREFULLY AND THOROUGHLY BEFORE USING ANY PART OF THE WEBSITE. BY ACCESSING ANY PART OF THE WEBSITE (OTHER THAN IN READING THESE TERMS OF SERVICE, FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF SERVICE, WHICH MAY BE AMENDED BY MATESBOAT™ FROM TIME TO TIME, IN ITS SOLE DISCRETION, BY PUBLISHING A REVISED VERSION OF THE AGREEMENT ON THE WEBSITE. YOU AGREE TO ACCEPT THE NEW AGREEMENT FROM THE EFFECTIVE DATE SHOWN BY CONTINUING TO USE THE WEBSITE.

If you do not agree to all these terms and conditions then please navigate away from this website.

In addition to these Terms of Service, MatesBoat™ has established a Privacy Policy to explain how we collect and use information about you. A copy of the privacy policy is available here: www.matesboat.com.au/privacy. By accessing and using the Website you also agree and accept MatesBoat™ Privacy Policy.

Definitions

MatesBoat™ shall mean Mates Boat Pty Ltd and its parents, subsidiaries, officers, directors, secretaries, employees, agents, business partners, affiliates and successors.

Owner shall mean the owner of the marine vessel.

Master shall mean the Master of the Vessel during the hire period.

Master Partner / Master Mate shall mean a suitably qualified person performing the role of Master on behalf of an owner.

Mates shall mean the hirer of a “Bareboat” vessel or the person undertaking a trip on a “Charter” with a Master.

Vessel shall mean a boat, jetski, personal watercraft (PWC), yacht, pontoon, canoe, paddle board, houseboat or other watercraft.

Charter shall mean a vessel that is rented with a Master.

BareBoat shall mean the rental of a vessel where the hirer is also the operator.

The Service shall mean the transactional platform of MatesBoat™.

Intellectual Property

The Website and included content (and any iteration of) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, images, sounds, information, content, documentation, computer source code, software and interactive features and all intellectual property are owned by MatesBoat™ (collectively “MatesBoat™ Content”).

All trademarks, trading names, trading logos, and images are owned by MatesBoat™.

Summary of Services

MatesBoat™ is an online platform, including mobile applications and related services (collectively, “Application”, “WebPlatform”, or “App”), which provides an advertising platform for the marine industry and allows for Owners and Masters to rent or charter their boats to Mates.

MatesBoat™ is not a party to the rental agreement between Owners/Masters and Mates. It is the responsibility of these parties to ensure they agree on all aspects of the rental/hire/charter before undertaking the hire.

MatesBoat™ allows third-party advertisers to display advertisements on the platform. However, MatesBoat™ does not endorse or guarantee the accuracy, reliability, or quality of any advertisements, products, or services promoted by these third parties.

MatesBoat™ takes no responsibility for the accuracy of third-party advertisements on the platform. Users acknowledge that interactions with third-party advertisers are conducted at their own risk. MatesBoat™ shall not be liable for any damages arising from the use of or reliance on any information provided by third-party advertisers.

Users are encouraged to exercise discretion when engaging with third-party advertisements. MatesBoat™ recommends conducting independent research before making any decisions based on third-party content.

Advertisers are responsible for ensuring that their ads comply with all applicable laws and regulations. MatesBoat™ reserves the right to remove any advertisement that violates these policies or is deemed inappropriate at its sole discretion.

User Registration

To register for the Service for the first time, you shall create an account with the MatesBoat™ platform. By creating an account (“Account”) you become, either individually or on behalf of your employer or any entity on behalf of whom you created the Account, a MatesBoat™ user (the “user”).

If you are under the age of 18, then you are not permitted to register as a user or otherwise submit personal information.

You must only create a MatesBoat™ Account with your own email address. You must not use an email address that is shared or accessible by others.

You must not allow someone else to log in to your account, and you are not allowed to access another person's account.

During registration, you will create a username and password (a “Membership”), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity.

You shall provide any and all information requested by the Australian Maritime Safety Authority and/or state or territory authorities in the event of any investigation relating to MatesBoat™, its Services, or its Masters.

User Content

MatesBoat™ may permit users to post, upload, transmit through, or otherwise make available on the Website (“submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title, and interest in your User Content.

You shall not submit any User Content protected by copyright, trademark, patent, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.

By submitting User Content to us, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, and transferable right and license to use.

We may exercise this grant in any format, media, or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms of Use.

We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).

We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.

Limitation of Liability

The use of “The Service” is solely at your own risk. “The Service” is provided on an "as is" and "as available" basis. MatesBoat™ does not warrant that the Service will function uninterrupted, secure or available at any particular time or location; any errors or defects will be corrected; the Service is free of viruses or other harmful components; or that the results of using the Service will meet your requirements.

You acknowledge that you are allowing the Mates to board the Vessel at your own risk. It is the responsibility of the Masters/Owners to ensure their vessels are compliant with the Domestic Commercial Vessel registration as required by the Australian Maritime Safety Authority. You understand that MatesBoat™ is not an insurance company, broker, or agent and does not take any responsibility for the non-compliance committed by Masters/Owners in any way.

By undertaking The Services you understand that the activities involve known and unknown risks. Such risks include, but are not limited to: slips, trips, falls, broken bones, strains, sprains, bruising, soft tissue damage, cuts, abrasions, swimming in deep or shallow waters, damage to property, serious injuries, total and permanent disabilities, cardiac arrests, and death which may be caused by you, other passengers, the Masters/Owner either by actions or inactions taken by the said parties. You agree to fully accept and understand all the risks either foreseeable or not.

Website Content and 3rd Party Links

MatesBoat™ website may include links to third-party websites; you may redirect to such third-party websites as the user of this software. The third-party sites are not under the control of MatesBoat™ and MatesBoat™ is not responsible for the content of any third-party websites and/or any links contained in the third-party websites. MatesBoat™ is providing these links to the third-party websites to you only for your convenience, and MatesBoat™ is not responsible for any kind of loss/damage arising out of it. Access to or any other act on such third party links shall be entirely at your risk.

Privacy

Any information that You provide to MatesBoat™ is subject to our Privacy Policy, as it may be amended or replaced from time to time, which governs our collection and use of Your information. The current version of the Privacy Policy may be found at www.matesboat.com.au/privacy.

Dispute Resolution

All or any disputes arising out of, or in relation to the terms and conditions of this Terms of Service, including the interpretation and validity of the terms thereof and the respective

Severability of Terms

Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable laws, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement.

Termination by MatesBoat™

We reserve the right in our sole discretion and at any time to terminate or suspend your membership or block your access to the Site for any reason, including, without limitation, if you have failed to comply with these Terms of Service or applicable additional terms. You agree that MatesBoat™ shall not be liable to you or any third party for any termination or suspension of your registration or for blocking your access to the Site.

Termination by You

As a member of MatesBoat™, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to info@matesboat.com.au.

The termination of your account with MatesBoat™ shall include any and/or all of the following:

a) the removal of any access to all or part of the Services offered within MatesBoat™;
b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof;
c) the barring of any further use of all or part of our Services, if applicable.

Copyright

MatesBoat™ respects the intellectual property rights of others and expects users of the Website to do the same. MatesBoat™ will respond to notices of alleged copyright infringement that comply with law and are properly provided to MatesBoat™.

If you believe that your content has been copied in a way that constitutes copyright infringement, please provide info@matesboat.com.au with the details pertaining to the alleged copyright infringement so it can be investigated immediately.

Fees

Please refer to the fees page for more information.

Contact Us

If you have any questions about these Terms of Service, please contact us at info@matesboat.com.au.