Website Terms of Use
The Privacy Act 1988 (Cth) defines “personal information” as information or an opinion about an identified individual or an individual who is reasonably identifiable, regardless of its truthfulness and whether it is recorded. Information that does not identify or make identifiable an individual will generally not be considered “personal information” and is not governed by this privacy policy.
About the Website
Welcome to the EZ Boating Pty Ltd website (Website). EZ Boating Pty Ltd (ACN 677 729 761) owns and operates the website located at ezboating.com.au (Site).
The Website is provided by EZ Boating Pty Ltd. By using, browsing, and/or reading the Website, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions (Terms). If you do not agree with these Terms, you must discontinue use of the Website and its Services immediately.
EZ Boating Pty Ltd reserves the right to review and modify any of these Terms at its sole discretion. Any changes will take effect immediately upon publication on this page. Please retain a copy of these Terms for your records.
Acceptance of the Terms
By continuing to use the Website, you accept these Terms. You may also accept these Terms by clicking to accept or agree to them where such an option is provided by EZ Boating Pty Ltd in the user interface.
Registration to Use the Services
To access the Services, you must register for an account on the Website (Account). Registrations include student registrations (course bookings). During registration or use of the Services, you may need to provide accurate and current personal information, such as:
Email address
Mailing address
Telephone number
Password
Identification documentation/transcripts (if registering for a student under 16 years of age)
You warrant that all information provided to EZ Boating Pty Ltd is accurate, truthful, and up to date.
Your Obligations as a User
As a User, you agree to:
Use the Services in compliance with these Terms and all applicable laws.
Maintain the confidentiality of your password and/or email address. Unauthorized use may result in immediate termination of Services.
Not allow others to use your registration information.
Promptly notify EZ Boating Pty Ltd of any unauthorized use or security breach.
Acknowledge that access to the Website and its use are non-transferable.
Not engage in commercial activities on the Website without explicit permission from EZ Boating Pty Ltd.
Not use the Services for illegal or unauthorized purposes, including unauthorized collection of member email addresses or unauthorized linking to the Website.
Understand that EZ Boating Pty Ltd may remove commercial advertisements or other solicitations without notice and take legal action for illegal or unauthorized use.
Copyright and Intellectual Property
The Website, Services, and all related products are protected by copyright laws owned or controlled by EZ Boating Pty Ltd or its contributors. All trademarks and trade names are owned, registered, or licensed by EZ Boating Pty Ltd. EZ Boating Pty Ltd retains all rights, title, and interest in the Website and its Services. No rights are transferred to you unless explicitly stated in writing by EZ Boating Pty Ltd.
You may not broadcast, republish, transmit, distribute, display, or adapt the Services without prior written consent from EZ Boating Pty Ltd.
Privacy
EZ Boating Pty Ltd respects your privacy and handles information in accordance with its Privacy Policy available on the Website.
General Disclaimer
These Terms do not exclude any guarantees, warranties, representations, or conditions implied by law, including under the Australian Consumer Law. EZ Boating Pty Ltd disclaims all other terms, guarantees, warranties, representations, or conditions not expressly stated in these Terms. Use of the Website and Services is at your own risk and provided “as is” and “as available.”
Limitation of Liability
EZ Boating Pty Ltd’s liability under these Terms will not exceed the resupply of Services. EZ Boating Pty Ltd, its affiliates, employees, agents, contributors, and contractors are not liable for any indirect, special, or consequential damages arising from use of the Services or these Terms.
Indemnity
You agree to indemnify EZ Boating Pty Ltd and its affiliates from any claims, liabilities, costs, expenses, loss, or damage arising from your use of the Website or violation of these Terms.
Venue and Jurisdiction
The Services are intended for residents of Australia and governed by the laws of NSW, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of NSW, Australia.
Independent Legal Advice
Both parties confirm these Terms are fair and reasonable. Each party had the opportunity to seek independent legal advice and agrees these Terms are not against public policy.
Severability
If any provision of these Terms is unenforceable or invalid, it will be ineffective only to the extent of its unenforceability or invalidity and will not affect the enforceability or validity of the remaining provisions.