Terms & Conditions of your use of the Elite Superyachts (ESY) website.
The following provisions govern your use of www.elitesuperyachts.com.au (ESY) and all other services made available to you through the ESY Web Site. Please read these terms & conditions carefully before using the website. By using the ESY Web Site, you agree to be bound by these Terms and Conditions which constitute a contract between you and ESY. If you do not agree to all of the provisions contained in these Terms and Conditions, Do Not use the ESY website or services. We reserve the right to revise and update these Terms and Conditions at any time. Please periodically review these Terms and Conditions. Your continued use of the ESY Web Site is deemed to be your acceptance of and agreement to any revised Terms and Conditions.
Collection and use of your personal information
Elite Superyachts is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
Sharing of your personal information
We may occasionally hire other suppliers to provide services on our behalf, including but not limited to handling customer support enquiries and processing transactions. Those suppliers will be permitted to obtain only the personal information they need to deliver the service. ESY takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. We are also required to share your personal information with boat owners and operators once you have confirmed your cruise.
Your personal contact information may also be shared with charter boat owners and operators for the purpose of facilitating your charter.
The ESY Web Site is provided on an ‘as is, with all faults and as available’ basis and to the extent permitted by law without any warranties of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of dealing or custom of trade. We make no representation or warranty that any content of the ESY Web Site is accurate, complete, appropriate, reliable or timely. We also make no representation or warranty that your access to and use of the ESY Web Site will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components. We reserve the right to discontinue operating the ESY Web Site at any time without notice.
Use of the ESY Web Site
Your use of the ESY Web Site is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the ESY Web Site. Neither we nor anyone else involved in creating, producing or delivering the ESY Web Site, our e-newsletters, or the materials contained therein assumes any liability or responsibility for the accuracy, completeness or usefulness of any information provided therein, nor, to the extent permitted by law, shall any of them be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of your use of, or inability to use, the ESY Web Site.
You must not use any means of automatically searching or mining data from the ESY Web Site or in any way interfere or attempt to interfere with the proper operation of the ESY Web Site.
You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the ESY Web Site, our systems or data or those of any third party via the ESY Web Site.
We strive to provide valuable and accurate information. The editors of the material contained in the ESY Web Site have consulted sources believed to be reliable in their efforts to provide information that is correct at the time of posting. However, in view of the possibility of error by the authors, editors, or publishers of the works contained in the ESY Web Site neither we nor any other party involved in the preparation of material contained in the ESY Web Site or in our e-newsletters represents or warrants that the information contained therein is in every respect accurate or complete, and they assume no responsibility for any errors or omissions or for the results obtained from the use of such material. You are encouraged to confirm the information contained therein with other sources.
Consumers reading articles or other material posted on the ESY Web Site or e-newsletters should review the information carefully. The information is not intended to be a substitute for professional advice. Neither the content nor any other service offered through the ESY Web Site or our e-newsletters is intended as professional advice.
Use of ESY to find a vessel is wholly voluntary and, to the extent permitted by law, in no event will we be liable for damages to any user of our service.
ESY is acting as an agent and is not liable for any death, loss, damage or injury to any person or property which occurs during any boat charter related to ESY.
The ESY Web Site may contain links to web sites operated by third parties. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. The appearance of any product, service or web site link on the ESY Web Site and/or in our e-newsletters does not imply endorsement, approval or warranty by us and we disclaim all liability with regard to any such products, services or web site links.
You agree to indemnify, defend and hold harmless ESY and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor’s fees, resulting from any violation of these Terms and Conditions or any activity related to your service account (including infringement of third parties’ intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the ESY Web Site using your service account.
Waiver, Release and Limitation of Liability
Except in respect of the Consumer Guarantees and to the extent permitted by law, you agree that neither we, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the ESY Web Site. Our liability for any claim arising from a breach of any term or condition implied by any law which may not be excluded (including, without limitation, the Consumer Guarantees) will be limited to the maximum extent permissible which, in the case of services, will be to the re-supply of the relevant services or the payment of the cost of having the relevant services re-supplied.
Notwithstanding the foregoing paragraph, except in respect of the Consumer Guarantees and to the extent permitted by law, the total liability of us, our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers, if any, for any loss or damage arising in connection with the ESY Web Site shall not exceed the greater of the amount of fees paid by you for the particular information or service provided or AUD$250. Except where such limitation is prohibited by law, in no event shall we, our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers be liable to you for any loss or damage other than the amount referred to above, and their liability for all other loss or damage, whether direct or indirect, special, incidental, consequential or punitive, arising from any use of the ESY Web Site is hereby excluded even if we or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers have been advised of the possibility of such damages.
Except in relation to a Consumer Guarantee, neither we, nor any of our affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the ESY Web Site, or resulting from the act or omission of any other party involved in making the ESY Web Site or the information contained therein available to you, or from any other cause relating to your access to or your inability to access the ESY Web Site or that information, except to the extent we acted negligently or engaged in wilful misconduct.
Third Party Rights
The provisions of Indemnification and the Waiver, Release and Limitation of Liability are for our benefit and the benefit of our partners, advertisers, information providers and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Advertisers and sponsors of the ESY Web Site and/or its e-newsletters have no influence on editorial content or presentation.
You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent.
If any clause or provision of these Terms and Conditions is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms and Conditions are to operate, then such clause or provision will be construed, to the extent feasible, to render the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these Terms and Conditions without affecting the enforceability of all remaining clauses and provisions.
These Terms and Conditions are governed by the laws of New South Wales, Australia
Issues and Enquiries
If you have any queries or issues regarding our Terms please contact us at:
02 9063 1622