Terms & Conditions and Privacy Policy

Last updated: 28 May 2022

Agreement between User and Boatsonline:

Boatsonline operates boatsonline.co.nz across desktop, mobile, tablet and apps (including any subdomains) known as the “Website” in these Terms, Conditions and Privacy Policy. Boatsonline is known as “we”, “our” and “us” in in these Terms, Conditions and Privacy Policy (unless the context requires).

The Website is offered to you, the User, by Boatsonline, conditional upon your acceptance without modification of Terms, Conditions and Privacy Policy. It is your responsibility to check these Terms, Conditions and Privacy Policy. We reserve the right to change these without prior notice. Your use of the Website constitutes your acceptance of the outlined Terms & Conditions and Privacy Policy.

Terms of Use
The Website and its content is provided for viewing and the prescribed use by subscribers only and is not to be copied, modified, linked, framed or published in any other website or media without our written consent. Users are prohibited from framing another website, web page or any material into the Website. All source code, displayed content and design of the Website is protected by international copyright law.

Users agree not to introduce software, code or content that interferes with or alters in any way the functionality, quality or display of the Website. Access to Subscriber administration areas of the Website is granted to the subscriber only, excluding authorization to third parties who would gain commercial advantage by accessing the subscriber administration areas. Access details issued by the system are to be kept confidential and are only intended for the exclusive use of the subscriber.

Linking to the Website
Please contact us if you would like to link to any page of the Website. To frame a part of the Website into another website or web page or email message, needs written consent (excepting search engines).

Copyright
Copyright of all content is owned by us and the use of images or copy needs our written consent.

Content limitations
The Website provides upload functions to place marine ads and boat wanted ads. Ads that display other products than marine products will be deleted without notice and without refund. It is the seller's responsibility to provide truthful and honest information about the product placed on the Website and to show the full cash price, including GST where applicable, of the advertised product. It is the seller's responsibility to correct and/or delete misleading and/or incorrect information from the ad upon request. If the seller fails to delete or correct misleading or false information, we reserve the right to change said information or delete the ad completely without notice and without refund. Ad content cannot be changed to advertise another product's details and photos during the advertising period paid for unless our permission has been given to do so. Ad photos must not carry the web address or copyright inclusion of a yacht broker.

Listing Procedure
The following rules apply for listing ads:
A 'marine ad' refers to a boat listing or boat gear / boat accessories listing. One 'marine ad' must display only one item for sale, details for the one item only and contact details for the one item only. Users agree to maintain a high quality presentation of their product for sale that conforms to the Website ad layout. Meaning: good photo quality, a reasonable amount of truthful information and correct contact details, all entered in their respective allocated fields. We reserve the right to edit marine ads that do not comply with the our standard of presentation and/or contain misleading or deceptive information. Please refer to our Privacy Policy.

Functionality and Availability
The Website is hosted externally on a Dedicated Server. Genuine and commercially reasonable efforts are made to provide the Website operating fault free 24 hours a day and, if the system malfunctions, to restore those services as soon as reasonably possible. Scheduled maintenance is performed from time to time and this may cause service interruptions.

Backup of Content
We will archive the Website data onto backup mechanisms on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to upload your marine ad again to our web site. We will not be liable for incomplete, out-of-date, corrupt or otherwise deficient marine ad data recovered from our backups.

Warranties, Liabilities and Indemnity

Warranties and Liabilities
We do not warrant that the services provided by the Website will be uninterrupted or error free or that the software and services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems, the software is hosted with. By using our software you do so at your sole risk. We do not warrant the sale of your advertised marine product and do not guarantee any number of the Website visitors or enquiries by the Website visitors for any individual marine ad, advertising banner or web page displaying particular products or services. Our liability due to service disruption is limited to the amount paid by you for advertising services subscribed to.

Indemnity
To the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by us are HEREBY EXCLUDED. None of the Website and their hosting provider, its directors, employees, partners or suppliers will be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind; including loss of use, data or profits, on any theory of liability, arising out of or in connection with the use of or the inability to use the software, websites and services; any information that is sent or received or not sent or received; any failure to store or loss of data, files or other content.

Payment, Pricing, Refunds and Termination

Payment by Credit Card Online
Payment by Credit Card Online: Credit card details are 128-bit SSL encrypted and transactions are executed via our Merchant Gateway with Card Access Services. Credit card details are destroyed upon completion of the payment process. At present we do not have export restrictions in place.

Pricing and Refunds
Prices may change without notice. All payments are final and refunds are only given in case of system error.

Termination
Non-compliance with the Terms & Conditions and/or interference with the functionality of the Website will result in the termination of the ads and/or subscription without prior notice or refunds (if applicable).

Boatsonline may cease to provide you with access to the Website or any of its services without notice at its sole discretion.

Modifications of Terms & Conditions
We reserve the right to modify the Terms & Conditions under which the Website and its advertising software is offered to all users. Your continued use of the Website constitutes your acceptance of the variations.

Privacy Policy

We respect the privacy of our subscribers and visitors and therefore have adopted the following guidelines and rules.

Information we may collect about you

We may collect personal information about you including, but not limited to your name, address, phone number, email, personal interests and any other information provided. If you access any of our services through a social network site such as Facebook, we will collect limited information provided to us by that social network site, such as user name, site ID and email address.

We may also collect non-personal information about you including, but not limited to, data relating to your activities on our Website (including IP addresses) via tracking technologies such as cookies, web beacons and measurement software or data relating to survey responses. You acknowledge that the personal information you provide us and which we collect from you, is your own information or information which you have been authorised to provide to us.

How we collect personal information

We may collect personal information about you from a variety of sources including, but not limited to:

signing up to use our Website or parts of them;
signing in to use our Website via your social networking site account;
subscribing to receive Email Alerts and filling in forms, applications (e.g. insurance or fianance), surveys or research, participating in promotions and competitions on the Website or websites of our service providers;
contacting us or our service providers for any reason including, but not limited to, reporting a problem with the Website, requesting further services or seeking our assistance;
posting or contributing material on our Website.

We use this information for the following purposes

We use the personal information we have collected largely for the purpose of providing you with products and services that you have requested, responding to your inquiries, creating and maintaining your account and ensuring you comply and adhere to the Website terms of use.

More specifically, the Website may use personal information which it has collected to:

ensure that content from the Website is presented in the most effective manner for you and for your computer;
provide a better or more relevant service or product to you, for instance by automatically populating forms on the Website when you make online enquiries;
combine your personal information with information that the Website has collected from its service providers, third parties, cookies or web beacons in order to provide you with a better or more relevant and personalised experience and to improve the quality of its services and the services of third parties. For example, we may combine behavioural data we have collected about you through the use of cookies or web beacons and combine it with your personal information from requests you send to third parties through our website;
personalise and customise your services, experience, advertising and content that you view and engage with on the Website or the websites of our service providers and business partners;
respond to or provide you with service, products, information and assistance that you request from the Website;
contact you to conduct surveys, research and feedback about our products, services or the Website;
verify your identity when you sign up or sign in into our Website and remind you of your password and username;
allow you to participate in interactive features of our service, when you choose to do so;
help carry out our obligations arising from any contracts entered into between you and us;
by disclosing the information to debt collection agencies to recover any amounts you owe us; and
notify you about changes to our products and services.

If all or part of this information is not provided, we may not be able to provide these services.

Using and disclosing your personal information for marketing

We may:

use your personal information to provide you with information about offers, promotions, goods or services, which we believe may be of interest to you; and
share your information with our service providers and other third parties so that they can provide you with products or services (including advertising) on our behalf or help us to provide you with the requested products or services including contacting you in relation to the products or services.
use your personal information to enable Boatsonline and its third party contractors the ability to provide services to boat dealers/brokers based on data that contains details of information on Boatsonline accessed by users (including, but not limited to, details of listings and other content displayed on Boatsonline) so as to enable Boatsonline and its third party contractors to provide remarketing services to boat dealers/brokers (for example, to enable advertisements to appear on other web sites that are aimed at individual users based on information those users have previously accessed on Boatsonline)
You can opt out of off-site and third-party-informed advertising by adjusting your cookie settings. Please note that disabling cookies will affect the functionality of our Website, and may prevent you from being able to access certain features on our Website. For further information about deleting or blocking cookies, please visit: https://www.aboutcookies.org/how-to-delete-cookies/
We use Google Analytics 3rd-party audience data such as age, gender, and interests to gain a better understanding of the behavior of our customers and work with companies that collect information about your online activities to provide advertising targeted to suit your interests and preferences. For example, you may see certain ads on this website or other websites because we contract with Google and other similar companies to target our ads based on information we or they have collected, including information that was collected through automated means (such as cookies and web beacons). These companies also use automated technologies to collect information when you click on our ads, which helps track and manage the effectiveness of our marketing efforts.
You may opt out of the automated collection of information by third-party ad networks for the purpose of delivering advertisements tailored to your interests, by visiting the consumer opt-out page for the Self-Regulatory Principles for Online Behavioral Advertising at http://www.aboutads.info/choices/ and edit or opt-out of your Google Display Network ads' preferences at http://www.google.com/ads/preferences/

How we disclose your personal information

We may disclose personal information to our related bodies corporate, service providers or business partners. We may also disclose your personal information:

to boat brokers and dealers, private sellers, insurance agencies, finance companies and advertisers that have listings or advertising on our Website and which you have requested information from by submitting an enquiry;
to our service providers and other third parties, so that they can provide you with products or services on our behalf or products or services that you have requested directly from them, or to help us to provide you with our products or services. If you have subscribed to a service through the operating system on your mobile device (including, but not limited to Google’s “Google Now” service), we will disclose information such as your search history to Google. You can opt out of us providing such information to Google through the operating system on your mobile device;
relevant public, government or regulatory authorities, our legal representatives or other concerned parties, in special situations where we have reason to believe that disclosing your personal information is necessary to help identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users or anyone else who could be harmed by such activities; and
where we are otherwise authorised or required by law to do so. If you request information from any organisation through our Website, you will need to check their privacy policy to find out how they handle your personal information. We are not responsible for the way these organisations collect, use, disclose or handle personal information you provide to them through our Website.

Disclosure and storage of personal information outside New Zealand

Personal information submitted to our Website may be held on servers located in New Zealand or the United States of America. We transfer data outside of New Zealand to our service providers in order to obtain secure storage, back-up and data retrieval services. We have implemented policies and procedures to safeguard the secure storage and processing of data with its related companies and has verified the security arrangements of its outsourced data processors. When you provide us with your personal information you give us your consent to store your personal information outside of New Zealand for the purposes described above.

Security

We strive to ensure the security, integrity and privacy of personal information we collect. We have established safeguards and use reasonable security measures to protect your personal information from unauthorised access, modification and disclosure. Our employees, contractors, agents and service providers who provide services related to our information systems, are obliged to respect the confidentiality of any personal information held by us. We review and update our security measures in light of current technologies. Unfortunately, no data transmission over the internet can be guaranteed to be totally secure.

Correction and access

We will endeavour to take all reasonable steps to keep accurate and up to date, any information which we hold about you. If, at any time, you discover that information held about you is incorrect or you would like to review and confirm the accuracy of your personal information, you can contact us. You can also gain access to the personal information we hold about you, subject to certain exceptions provided for by law. To request access to your personal information, please contact us.

Unsubscribe
Upon request, we will remove any subscriber from our mailing lists. Any such request should be sent via e-mail to [email protected].

Removal from the Email Alert system for 'Boat for Sale just listed' is the user's responsibility, an automated unsubscribe-facility is provided on the Email Alert email received by the user.

The Website is not responsible for the privacy policies of external web sites to which the Website may link.

Disclaimer

All content for marine ads is published as provided by the vendors. We accept no responsibility for errors, omissions or misrepresentations and eventual consequenses or damages of any kind thereof.

Notification of errors or misrepresentations should be directed to the seller of the advertised product via the EMAIL SELLER form, located on the marine ad within the Contact section. In the event of the seller's failure to comply to such a request, we ask to be notified of such via [email protected] and will act according to our Terms & Conditions - Content Limitations.

We are not responsible for content of external websites accessed by links from the Website. Services provided by third parties via the Website are beyond our control and we take no responsibility for their services.

The Website endeavours to present genuine and truthful information and supports visitors' requests for correct advertising.