This Site is owned and operated by Flotespace Pty Ltd (referred to as Flotespace, or We or Us).
Capitalised terms used on this Site are defined in clause 20 (Terminology).
About Flotespace and the Flotespace Services
1.1 We provide an online platform that connects boat owning Hosts wishing to provide space on boats berthed in a marina to Renters wishing to pay to use such space on the boat.
1.2 This is not a platform for boats that are underway or intended to be underway, during the provision of services set out in a Listing.
1.3 You can view Listings on the Site, but to make a Listing or Booking, you will need to create an Account.
1.4 Hosts alone are responsible for their Listings, their User Content and services.
(1) is not an owner, operator or charter company of any boats or vehicles or other property generally;
(2) is not a travel agent, broker or insurer;
(3) does not hold itself out as a supplier of any goods or services other than the Flotespace Services.
(4) does not provide any related transportation or travel services;
(5) does not sell, re-sell, furnish, provide, rent, re-rent, charter manage and/or control any boat generally;
(6) does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or User Content.
1.7 At all times Flotespace acts as the agent for a Host in connection with that Host’s Listing or contract with a Renter.
1.8 It is your responsibility to assess and decide whether you wish to proceed with either making a Booking if you are a Renter, or accepting a Booking if you are a Host. You should communicate directly with other Users (only using the Communication Services) regarding any Bookings or Listings to satisfy yourself that you have obtained all the information you need before proceeding.
1.9 For further detail on how Flotespace works, please see Flotespace: How it Works
Acceptance of Terms
3.3 You acknowledge that it is your responsibility to check the Site to familiarise yourself with any updates each time you visit the Site.
Reliance on information
4.1 The Content may be derived from sources including from other Users of the Site. We are not always able to monitor or control the Content, including details of Listings which are provided by Hosts.
4.2 You acknowledge that using or relying on the Content is done entirely at your own risk.
Eligibility to use the Site
5.1 The Flotespace Services are intended solely to be made and accepted by persons who are 18 years of age or older. The creation of an Account, a Listing, or Booking by persons under 18 years of age is absolutely prohibited. By using the Flotespace Services you represent and warrant that you are 18 years of age or older and take full responsibility for everyone, including those under the age of 18 accompanying the Booking, using the Flotespace Services, or using the boat.
Using the Flotespace Services: creating an Account
6.1 You may view Listings on the Site without needing to create an Account.
6.2 To use the Flotespace Services (such as to create a Listing, or make a Booking), you must register for an Account. You may not have more than one active Account at a time on the Site.
6.4 You agree that for security and compliance purposes, Flotespace may request information from you in order to confirm your identity and may share such information with third party ID verification service providers (such as Consilad ) for the purposes of checking and cross-referencing the information you provide in order to verify your identity. Where we use the services of a third party ID verification service provider, additional terms and conditions specific to that particular service provider may apply to you.
6.6 You agree to provide accurate, current and complete information during the Account registration process and to update such information to ensure it is accurate, current and complete.
6.7 Flotespace reserves all rights, including the right to suspend or terminate your Account and your access to the Site and Flotespace Services if you create more than one Account or if any information you provide during the registration process or thereafter proves to be inaccurate, not current or incomplete.
6.8 You consent to Flotespace contacting you on your email address or phone number regarding your Account, including Listings, Bookings, notices and updates.
Using the Flotespace Services: Acceptable Use and Rules of Conduct
7.1 In connection with your use of the Site or Flotespace Services, you may submit User Content to the Site. You are solely responsible for all User Content that you make available on or through the Site.
7.2 We permit you to use this Site and the Flotespace Services only for personal purposes and primarily for searching for Listings, creating Listings or making a Booking. Provided that the ownership of the Content by Flotespace is acknowledged and strictly on the condition that you keep all Content intact and in the same form as presented, (including all copyright, trademark and other proprietary notices and all advertisements), you may:
(1) using an industry-standard web browser, download and view the Content for your personal, non-commercial use;
(2) if you are an Internet service and/or access provider, supply the Content to your subscriber;
(3) access and display these pages on a computer or a monitor;
(4) hold a temporary copy in the computer’s cache;
(5) make a single permanent copy for your personal non-commercial reference.
7.3 All User Content must:
(2) be legitimate, original and lawfully submitted or provided with the necessary consent of any third party;
(3) not infringe the intellectual property rights of any third party;
(4) be factually accurate or your own genuinely held belief;
(5) not be likely to give rise to an allegation of defamation;
(6) not be obscene, sexually explicit, offensive, discriminatory or deceptive in any way;
(7) not cause offence or annoyance to others.
7.4 By submitting User Content on or through the Site, you grant to Flotespace a worldwide, irrevocable, non-exclusive, transferable, perpetual royalty-free license, with the right to sublicense, to view, copy, adapt, modify, distribute, use, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, access, view, stream and otherwise exploit such Content on, through, by means of, or to promote or market the Site and the Flotespace Services. Flotespace does not claim any ownership rights in any such User Content.
7.7 You acknowledge that Flotespace is not obliged to:
(1) monitor, or moderate User Content;
(2) monitor the access to or use of the Site by any User; or
(3) review, edit, delete, terminate an Account,
but has the right to do so to:
(5) comply with any Law or any other regulatory or governmental body request; or
(1) used, copied, reproduced, translated, reused, transmitted, retransmitted, adapted, varied, removed, altered, modified, stored, published, republished, broadcasted, linked, distributed, framed, posted, uploaded, rewritten, broadcasted, stored;
(2) incorporated into any other website;
(3) used for the purposes of unsolicited advertising;
(4) used to simulate communications from Flotespace, or another service or entity in order to collect personal information, identity information, authentication credentials, or other information;
(5) used to contact any other User for purposes other than related to the use of the Flotespace Services, a Listing, or a Booking;
(6) used to discuss or make arrangements in respect of the hire or charter of boats that are registered for commercial use;
(7) used to find a Host or Renter and then subsequently complete, or attempt to complete, a Booking independent of Flotespace;
(8) stored in a retrieval system, by any means, including but not limited to graphic, electronic or mechanical, including photocopying, recording, taping or by storage in an information retrieval system;
(9) used in any manner or for any purpose which is unlawful;
(10) used in any manner which violates any right of Flotespace;
(12) affected with Harmful Code in any form or by any means in whole or in part by any process;
(13) used to distribute, directly or indirectly, Harmful Code;
(14) used to gain unauthorised access to, or use of, computers, data, systems, accounts or networks;
(15) used to circumvent password or user authentication methods.
8.2 You must not use the Site to discuss or make arrangements to book, use or offer for use, boats that are underway. This Site is only for boats berthed at a marina. Boat engines for propulsion must not be started.
Charges and fees
9.1 Flotespace charges the Renter Booking Fee to Renters in consideration for use of the Flotespace Services. Renters must pay this fee in accordance with the Additional Terms Specific for Hosts and Renters and the Policies.
9.2 Payments must be made in Australian Dollars.
Intellectual Property and Flotespace’s Proprietary Rights
10.1 You acknowledge that the Content is the subject of Intellectual Property and legal rights (including third party rights). You must not, during your use of the Site or at any time after your Account is terminated, permit any act which infringes any of those rights.
10.2 We own the Site and the Flotespace Services, which are protected by proprietary rights and Laws, including all of our Intellectual Property. All Intellectual Property on the Site not owned by Us is the property of the respective owner. You may not use our Intellectual Property in connection with any product or service that is not ours or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any Intellectual Property without the express prior written consent of the owner.
No warranties or representations
11.2 Flotespace recommends that prior to using any downloaded file, you carry out an appropriate virus check.
11.3 Given the nature of the Content, and for circumstances beyond its control, Flotespace reserves the right to change or discontinue any feature on this Site, hours of availability and equipment or software required for access.
Exclusion, Limitation of liability and Indemnity
12.1 You acknowledge that Flotespace has no control over, and has no responsibility for, the acts or omissions of any Renters or Hosts or any other persons related or connected in any way to the Renters or Hosts or accompanying them in relation to the Flotespace Services used or provided. Notwithstanding Flotespace’s appointment as agent of the Host, Flotespace explicitly disclaims all liability for any acts or omissions of any Renter, Host or other third party.
12.2 To the maximum extent permitted by Law, Flotespace disclaims and excludes liability from all Loss arising out of or in any way connected to the use of this Site, the Flotespace Services, and the Content to you or anyone else however occurring. The cause of the Loss includes:
(1) use or inability to use this Site or the Flotespace Services;
(2) access or inability to access this Site or the Flotespace Services;
(3) reliance on any Content;
(4) the transmission of any Harmful Code;
(5) Flotespace’s negligence;
(6) a breach of your computer’s security;
(8) any unauthorised access to, modification or alteration of Content;
(9) any material or data sent or received or not sent or received;
(10) any transactions entered into through this Site;
(11) any infringement of another’s rights, including Intellectual Property rights;
(12) any threatening, defamatory, obscene, offensive, harmful, inappropriate, illegal content or conduct of any party;
(13) any Content sent by any third party using and/or included in this Site;
(14) any service available from this Site; and
(15) delays, interruptions, inaccuracies, errors, omissions or cessation of services.
12.3 In relation to Non Excludable Rights, any liability incurred by Flotespace arising directly or indirectly from the use of this Site or the Content is limited as provided under Australian Consumer Law. Liability which cannot be excluded, is limited to the maximum extent possible, at Flotespace’s option, to:
(1) the supply of services again; or
(2) the payment of the cost of having the services supplied again.
12.4 In the event that a Renter makes allegations, claims or commences proceedings against Us and We successfully defend those allegations, claims or proceedings, you will indemnify Us on a solicitor – client basis. Additionally, We shall also have the right to also claim an indemnity from the Host for claims against Us in our role as an agent, as set out in the Additional Terms Specific for Hosts.
13.1 Content and links on or from this Site may lead to or be sourced from Third Party Sites. Links to Third Party Sites are provided for convenience only and should not be construed as an endorsement or recommendation by Flotespace of any Content referred to by the site owner. Any third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on Third Party Sites.
13.2 Flotespace does not authorise the reproduction of third party content by linking this Site to third party content.
13.3 Without limiting clause 11 above, Flotespace makes no representation or warranty regarding Third Party Sites or any hyperlink contained in linked Third Party Sites:
(1) relating to third party content;
(2) that third party content does not infringe the intellectual property rights of any person.
13.5 You must not link to the Site without our prior written consent. If you are interested in linking to the Site for commercial purposes, or becoming otherwise affiliated with Flotespace, please contact Flotespace using the details provided in clause 19 below.
13.6 We reserve the right to require you to immediately remove any link to the Site at any time, and you must comply with any request by Us to remove any such link without delay.
14.2 Upon any termination or suspension, your right to use the Site and the Flotespace Services will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your user name, password and Account, and all associated materials, without obligation to provide further access to such materials.
Use of Site from outside Australia
15.1 This Site is not directed at people in any other country. You will not be allowed to make any Listings or Bookings if you do not have a current address in Australia.
Other Important Terms
18.1 Unless otherwise expressly agreed, the products and services described in the Content are available only to Australian residents. Applications from people other than Australian residents will not be permitted or accepted. All matters relating to or connected to the Content are governed by and are to be construed according to the Laws applicable in the State of New South Wales.
18.2 You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of competent jurisdiction in New South Wales. Flotespace has the right to commence and prosecute any action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief if Flotespace considers that the action is necessary or desirable.
Feedback, questions or problems
(1) Account means an account to use the Flotespace Services on the Site, registered and created in accordance with clause 6 above (Accounts);
(2) Additional Terms Specific for Hosts means the additional terms that apply to a User who creates an Account as a Host to make Listings on the Site;
(3) Additional Terms specific for Hosts and Renters means both the Additional Terms Specific for Hosts and the Additional Terms Specific for Renters collectively;
(4) Additional Terms Specific for Renters means the additional terms that apply to a User who creates an Account as a Renter to make Bookings on the Site;
(5) Australia means the Commonwealth of Australia, the states and territories of Australia and any dependant territory;
(6) Australian Consumer Law means schedule 2 of the Competition and Consumer Act 2010 (Cth);
(7) Booking means an offer by the Renter to pay for the service in a Listing on this Site;
(8) Communication Services means the message exchange facility provided on the Site;
(9) Content means any information, files, text, code, material, images, data, sounds, graphics, software, photos, graphics, software downloads, goods, services documents, layouts, applets, CGI interfaces, product photographs, screen designs, descriptions, illustrations, catalogues, advertisements, third party advertisements, publicity material, audio and video material, references to products or services, or specifications which may be contained in this Site, referred to in this Site, obtained from this Site, uploaded to this Site, or able to be viewed by accessing any part of this Site, whether it be obtained directly or indirectly, in any machine or human readable format;
(10) Damage Cover means an amount ($) for damages set by a Host, payable by a Renter in respect to a rented boat in accordance with the Flotespace Quality Issues, Damage to Boat Policy;
(11) Flotespace means Flotespace Pty Ltd ABN 17 623 829 096, its subsidiaries, officers, agents, directors, officers, employees and “related bodies corporate” as defined in the Corporations Act 2001 (Cth);
(12) Flotespace Policies means the following policies as amended from time to time:
and any other policy as published on the Site by Flotespace from time to time;
(13) Flotespace Services means the online platform on the Site owned by Flotespace that connects Hosts wishing to make a Listing with Renters wishing to make a Booking as well as the provision of any other online tools and resources on the Site to facilitate Listing and Booking between Hosts and Renters;
(14) GST means GST as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended (GST Act) or any replacement or other relevant Law;
(15) Harmful Code means any computer program, trojan, virus or other code which is not intended to serve a legitimate purpose and which is harmful, destructive or disabling or which assists in or enables theft, alteration, denial of service, unauthorised access to or disclosure, destruction or corruption of information, data or software;
(16) Host means a User who has registered an Account to make Listings on the Site;
(17) Intellectual Property means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention 1967, in any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the Site;
(18) Law includes any requirement of any statute, rule, regulation, proclamation, order in council, ordinance or by‑law whether commonwealth, state, territorial or local;
(19) Listing means the listing on the Site of a space on or within a Host’s boat as available for hire by a Renter;
(20) Loss means any direct, special, indirect, incidental or consequential liabilities, damages, claims, losses, costs, expenses, actions, claims, suits, demands, whether in contract, tort (including negligence), statute or otherwise, whether suffered by you, someone else, or claims made against you through the use of the Site. This includes, but is not limited to, loss of business profits, legal costs and defence or settlement costs;
(23) Quality Issue has the meaning assigned in the Flotespace Quality Issues, Damage to a Boat Policy;
(25) Renter means a User who has registered an Account to book a boat from a Host through the Site;
(26) Renter Booking Fee means the fee payable by the Renter to Flotespace equal to 14% of the Total Cost;
(28) Site means those web pages contained within the domain www.Flotespace.com and any subdomains and any other websites through which Flotespace makes the Flotespace Services available;
(29) Taxes means any sales taxes, goods and services taxes (GST);
(31) Third Party Sites means sites and resources located on servers maintained by others over whom Flotespace has no control;
(32) Total Cost means the listed boat price and any additional costs, including Taxes. For clarity, Total Cost does not include Damage Cover;
(33) User means a person who uses, access or views the Site including Account holders, whether as a Renter, Host, or otherwise;
(34) User Content means Content submitted to the Site, exchanged through the Site, or uploaded, by Users including in Listings, Accounts, profiles, and Bookings and through the Communication Services.
(1) the singular includes the plural and vice versa, and a gender includes other genders;
(2) another grammatical form of a defined word or expression has a corresponding meaning;
(3) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
(4) a reference to A$, $A, dollar, $, or cent is to Australian currency;
(5) a reference to time is to the time in New South Wales, Australia;
(6) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
(7) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(8) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
(9) headings are for ease of reference only and do not affect interpretation;
(10) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.