OVERVIEW
1. We are First Mate Pty Ltd ACN 662 331 713 ABN 52 662 331 713 (Provider, we, us and our). We are committed to respecting your privacy. This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Services and the choices you have associated with that data.
2. This agreement contains the terms, conditions and disclaimers (Terms) for accessing and using Services by you.
3. The Provider separately maintains its privacy policy (Privacy Policy) regarding the collection and use of data (see heading below “CHANGES TO THIS DOCUMENT AND OUR OTHER DOCUMENTS” for link to policy).
4. If you do not agree to these Terms then you must stop using the Services.
DEFINITIONS
Application
1. The Application is the boat maintenance and services application operated by us.
Website
2. The Website Is the website located at the domain firstmate.com.au operated by us.
Services
3. The Services are the Application and Website.
Territory
4. This agreement for the Terms shall be governed by the exclusive jurisdiction of the courts of the state of Queensland, Australia and those Courts that hear appeals from these Courts, including the Federal Court of Australia (the Territory).AGREEMENT
5. By and during your access and use of the Services, you agree that:
a. You have read, understand and agree to be bound by the Terms before using this Services.
b. You have read, understand and agree to be bound by the Privacy Policy and accompanying Cookies Policy before using the Services.3451-9444-8163v1
c. You are over the age of eighteen (18) years old and are capable of giving all consents and the making of all representations contained in the Terms.
d. In addition to the express clauses of the Terms, you will also comply with the laws of the Territory in relation to your use of the Services and in all your interactions with the Provider.
e. You waive, exclude and agree to refrain from making use of any rights and legal actions which arise outside of the laws of the Territory, to the maximum extent permissible by law that can be validly and legally be done by you, in relation to the Terms and your interactions with the Provider.
f. If you are accessing and using Services on behalf of or during the course of your duties for another legal entity, such as a corporation, you represent that you are an authorised agent able to act on behalf of this entity and able to validly bind the entity to the Terms.
g. You will not use Services or any goods or services obtained from the Provider, in order to harm or harass others.6. These Terms apply in addition to and may be amended by any other agreements entered into between you and the Provider.
7. If any part of the Terms are invalid or unenforceable, the Terms must:
a. Be interpreted with amendments made as narrowly as possible to allow it to be enforceable or valid while still retaining as much as possible, the Term’s original intention and effect (Reinterpreted); or
b. If it cannot be Reinterpreted as above, then any invalid or unenforceable parts shall be severed without affecting the enforceability or invalidity of any remaining parts of the Terms.
8. The Provider’s failure to enforce any of the Terms is not a waiver of its rights or admission to any facts.
9. A waiver or admission is only effective if and in accordance with a written statement made by a duly authorised officer of the provider.
REGISTRATION
10. You must be a registered member to access certain features within the Services.
11. To register an account, you must:
a. be least 18 years of age;
b. possess the legal right and ability to enter into a legally binding agreement with the Provider; and,
c. agree and warrant to use the Services in accordance with these Terms.
12. When you register and activate your account, you will provide the Provider with personal information such as your name, email address, contact phone number and banking information. You must ensure this information is accurate and current.
13. All personal information provided is handled in accordance with our Privacy Policy and Cookies Policy.
14. When you register your account, you will be provided with a user name and password. You agree that you are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under your account.3451-9444-8163v1
DISCLAIMER
15. The Provider does not warrant, guarantee or make any representation about the accuracy, adequacy, reliability, completeness or timeliness of the information available on the Services (Contents) or that it is suitable for your intended use.
16. The Content is provided by the Provider in good faith on an “as is” basis without any warranty.
17. The Content provided is general in nature and you should not use it for making any decision without consulting primary, more accurate, more complete or more timely sources of information.
18. The Content does not necessarily represent the views or opinions of the Provider.
19. The Services may include historical Content that is not current and is provided for reference purposes only.
20. The Content provided is not professional advice or advice about the suitability of its services for your intended use or for any circumstances.
21. The Provider does not warrant or represent that the Content is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. You use that the Services and the Content contained within at your own risk.
22. The Provider reserves the right to vary or modify the Content on the Services without notice and without liability. For the avoidance of doubt this includes, but is not limited to:
a. The hours of availability or access to the Services
b. The Content contained within or otherwise offered via the Services.
23. The Provider makes no warranties, guarantees or representations that the material in the Services does not cause damage or that the material is free from any computer virus or other defects. You must complete a virus and similar checks in any Content downloaded.
24. The Provider reserves the right to suspend or terminate your access to the Services at its sole discretion.
25. The Provider uses its reasonable endeavours to ensure that the Services are available continuously, however, it cannot guarantee continuous or uninterrupted access.LIMITATION OF LIABILITY
26. The Provider is not liable for any direct, indirect, incidental, special or consequential loss, damage or injury, or any costs in relation to the use of the Services, including over:
a. Your use or access to (including inability to use and access) the Content on the Services.
b. Your use or access to (including inability to use and access) any goods or services referred to via the Services.
c. any losses you may incur such as for loss of programs, loss of data, loss of business, business interruption, profits.LINKS TO OTHER SITES
27. You may, through hypertext or other computer links provided in the Services, be able to access other websites operated either by the Provider, its affiliates (Linked Sites) or other third parties (Third Party Linked Sites).
28. The Linked Sites may have different terms of use.
29. Unless otherwise specified:3451-9444-8163v1
a. The Provider does not control the Third Party Linked Sites. The Third Party Linked Sites may have different terms of use and may be subject to different laws.
b. The Provider is not responsible for the content of any Third Party Linked Sites, or any changes or updates to those sites. These links are provided for your convenience only. You link to any Third Party Linked Sites at your own risk.
c. The Provider is not a party to any transaction between you and a Third Party Linked Site.
d. The Provider does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Third Party Linked Sites.SPAM
30. The Provider may at its discretion provide details for contacting the Provider directly on the Services.
31. The Provider's purpose in publishing any contact details on the Services is to facilitate communications about the goods and services its supplies and it does not consent to receive unsolicited messages for any ulterior purposes by any means.
32. If it receives such unsolicited messages it reserves its rights and may make a report to the applicable anti-spam regulatory body.
INTELLECTUAL PROPERTY
33. The Provider and/or its affiliates owns the copyright in the Content of the Services, including in the Terms as a literary work. All rights reserved.
34. You acknowledge and agree that all content, coding, graphics, images, animations and Information available on the Services is protected by copyright, trade mark or other intellectual property rights and laws.
35. You cannot copy, reproduce, modify, republish, upload, post, transmit or distribute any part of the Content, without the Provider’s prior written consent. However, you may download and print these Terms of Use for your personal non-commercial use.
36. You expressly acknowledge that using the Services does not give you any right, title or interest to the Content or any other aspect of the Website and/or App.
37. Using the Website and/or App and the Content for commercial purposes is expressly prohibited.
38. The Provider or its affiliates have proprietary rights in all trade marks and trade names which appear on the Services. Using a trade mark without the registered owner's consent infringes the owner's intellectual property rights.
39. By using the Services, you agree not to challenge the Proprietor’s rights or ownership in respect of:
a. The domain name(s) for accessing this the Services
b. Any trade marks in connection with the Services
c. Any copyrighted material in connection with the Services.CHANGES TO THIS DOCUMENT AND OUR OTHER DOCUMENTS3451-9444-8163v1
5. These Terms may be amended by the Provider without notice and at their complete discretion, which is immediately effective once the amendment is posted on this Website and/or App.
6. You are advised to review this document periodically for any changes. Changes to this document are effective when they are posted on this page.
7. Here is a list of our other policies and agreements:
a. Privacy Policy:
www.firstmate.com.au/privacy-policyb. Cookies Policy:
www.firstmate.com.au/cookie-policyc. Terms of Use:
www.firstmate.com.au/terms-of-used. EULA:
https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
40. All contact, queries or other correspondence regarding these Terms should be directed to the Provider or their legal representatives.
41. Any correspondence for these Terms will be deemed as dated on the date received by the recipient.
