Commercial Terms & Conditions for AFLOAT.com.au
1. Goods and/or Services
1.1 The Goods and/or Services shall be as described on the invoices, quotation, work authorisation, sales order or any other work commencement forms as provided by the Seller to the Buyer.
2. Price And Payment
2.1 The Price shall be as indicated on invoices provided by the Seller to the Buyer in respect of Goods and/or Services supplied.
2.2 Time for payment for the Goods and/or Services shall be of the essence and will be stated on the invoice, quotation or any other order forms. If no time is stated then payment will be due seven (7) days following the date of the invoice.
2.3 The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any quotation given by the Seller.
3. Default & Consequences Of Default
3.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and shall accrue at such a rate after as well as before any judgement.
3.2 If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against all the Seller’s costs and disbursements including on a solicitor and own client basis and in addition all of the Seller’s nominees costs of collection.
4.1 It is the intention of the seller and agreed by the Buyer that property in the Goods shall not pass until:
- The Buyer has paid all amounts owing for the particular Goods, and
- The Buyer has met all other obligations due by the Buyer to the Seller in respect of all contracts between the Seller and the Buyer, and that the Goods, or proceeds of the sale of the Goods, shall be kept separate until the Seller shall have received payment and all other obligations of the Buyer are met.
5. Privacy Act 1988
5.1 The Buyer agrees for the Seller to obtain from a credit-reporting agency a credit report containing personal credit information about the Buyer in relation to credit provided by the Seller.
5.2 The Buyer agrees that the Seller may exchange information about Buyer with those credit providers named in the Application for Credit account or named in a consumer credit report issued by a reporting agency for the following purposes:
- To assess an application by Buyer;
- To notify other credit providers of a default by the Buyer;
- To exchange information with other credit providers as to the status of this credit account, where the Buyer is in default with other credit providers; and
- To assess the credit worthiness of Buyer.
5.3 The Buyer consents to the Seller being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
5.4 The Buyer agrees that Personal Data provided may be used and retained by the Seller for the following purposes and for other purposes as shall be agreed between the Buyer and Seller or required by law from time to time:
- provision of Goods and/or Services;
- marketing of Goods and/or Services by the Seller, its agents or distributors in relation to the Goods and/or Services;
- analysing, verifying and/or checking the Buyer’s credit, payment and/or status in relation to the provision of Goods and/or Services;
- processing of any payment instructions, direct debit facilities and/or credit facilities requested by Buyer; and
- enabling the daily operation of Buyer’s account and/or the collection of amounts outstanding in the Buyer’s account in relation to the Goods and/or Services.
5.5 The Seller may give, information about the Buyer to a credit reporting agency for the following purposes:
- to obtain a consumer credit report about the Buyer; and or
- allow the credit reporting agency to create or maintain a credit information file containing information about the Buyer.
© Copyright – EC Credit Control Pty Limited – 2006
Classified Advertising Terms & Conditions for AFLOAT.com.au
This is the user agreement for classified advertisements placed on www.Afloat.com.au. The services available on https://www.afloat.com.au are provided by Afloat Publications Pty Ltd, postal address PO Box 709 Willoughby NSW 2068, Australia.
This agreement describes the terms and conditions applicable to your use of our classified advertising services at this Afloat website. If you do not agree to be bound by this agreement, you may not use or access our services. You must read, agree with and accept all of the terms and conditions contained within this user agreement before you may avail of our services. Placing a classified advertisement on this website constitutes your acceptance of all of the terms contained within this agreement.
We may amend this agreement at any time by posting the amended agreement on our website. Any amended agreement will govern your use of this service from the date that it is posted on our website. No other amendment to this agreement will be effective unless made in writing, signed by you and by the proprietors of Afloat.
The copying of advertisements and photographs from this website for use on your own or a third party website is expressly forbidden. In particular, the copying of listings for the purposes of re-listing on other websites is not permitted. Advertisers have no right to instruct, induce or otherwise advise a third party to copy their advertisement(s) from www.afloat.com.au for reproduction in any other media, including but not limited to magazines, websites, and television. Advertisers wishing to use the same materials for the placement of advertisements with other advertising services must supply those materials directly to the publishers of those services.
www.afloat.com.au classifieds are only an advertising service
Afloat Publications Pty Ltd does not assume to be anything other than a web site for the advertisement and resource for those wishing to purchase a boat. Afloat.com.au is not a boat broker, finder, dealers or any other form of marine business. We do not review listings provided by users and we are not involved in transactions between buyers and sellers. We have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on our website. We are not responsible for ensuring that buyers and sellers actually complete a sale. You accept sole responsibility for the legality of your actions under laws applying to you.
Afloat Publications Pty Ltd cannot guarantee the identity nor the validity of the information which users post to our website. It is important that you must satisfy yourself as to the true identity of anybody whose advertisement you respond to, or subsequently enter into a transaction with.
In the event that you have any right, claim or action against any other user arising from that user’s use of our website, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Afloat from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
We do not control the information provided by other users which is made available through our system. You may find other user’s information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using our site. Please note that there are additional risks associated with dealing with foreign nationals, underage persons or people acting under false pretence.
If you are a seller, you must ensure that you are legally able to sell the item in question. All items must be listed in an appropriate category. Each advertisement must detail one vessel, item or service only. No reference to other websites may be made in the classified advertsement, unless expressly agreed to by yourself and Afloat Publications Pty Ltd. You may not embed HTML tags, scripting code, or other special character codes in the content of the advertisement. You must not list any item on our website that could cause us to violate any applicable law.
Unless otherwise stated, all fees are payable in Australian dollars. Whether you are a business or not, goods and services tax and other taxes may apply to your transaction. Advertisers will be responsible for paying all fees associated with using our service and our website and all applicable taxes.
Your personal information is defined as any information you provide to us or other users in relation to the www.afloat.com.au service including the registration, advert enquiry and listing process (including without limitation, any description of items advertised), and any other content that you post within our website. You are solely responsible for your information, and we act as a passive conduit for your online distribution and publication of your information.
Your personal information and your activities on our site must not:
- be false, inaccurate or misleading;
- be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
- infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- be fraudulent or involve the sale of counterfeit or stolen items;
- be in breach of any applicable laws or regulations (including but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), licences or third party rights;
- be obscene, indecent or contain any kind of pornography;
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under this Agreement; (b) or you do not have a right to link to or include;
- contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
- cause our website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of our website is in any way impaired.
Without limiting our other remedies, we may immediately issue a warning, suspend or terminate your access to our service and refuse to provide our services to you without notice to you: (a) if you breach this agreement or the documents incorporated by reference; (b) if we are unable to verify or authenticate any information you provide to us; or if we believe that your actions may cause legal liability for you, our users or us.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our website may be interfered with by numerous factors outside of our control. Our website and our services are provided as is and as and when available and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
In no event will Afloat Publication Pty Ltd, its officers, employees, contractors, subcontractors, suppliers, agents, affiliates, subsidiaries, successors or assignees be liable to any party for any direct, indirect, economic, special or other consequential damages, loss of goodwill or loss of profits arising out of or in connection with the use of this website, or use of any linked website, including without limitation any liability arising from breach of contract, negligence and any other statutory, contract and/or tort liability, even if Afloat Publications Pty Ltd have been expressly advised of the possibility of such damages. The term ‘damages’ includes, without limitation, solicitor fees, any lost profits, business interruption and loss of programs or other data on your information processing system. Afloat Publications Pty Ltd expressly disclaims any liability for third party information or opinions posted on this website that arises under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or any other area of law.
Choice of law
These terms shall be governed by and construed in accordance with Australian law. The parties irrevocably agree that the courts of Australia shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise in connection with the www.afloat.com.au service.
For the exclusive benefit of www.afloat.com.au, Afloat Publications Pty Ltd shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms are entered into in the course of your trade or profession, the country of your principal place of business.
You may not assign or transfer any of your rights under these terms. If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Failure by either party to exercise any right of remedy under these terms does not constitute a waiver of that right or remedy.
Headings in these Terms are for convenience only and will have not legal meaning or effect.