Rent My Berth Pty Ltd
MARKETPLACE TERMS AND CONDITIONS
These terms and conditions (Terms) are entered into between Rent My Berth Pty Ltd (ABN 26 636 555 425) (we, us or our) and you, together the Parties and each a Party. These Terms supplement and incorporate our privacy policy, website terms of use and guidelines and code of conduct posted on the Platform.
We provide a platform where owners or leaseholders of berths and moorings (Hosts) and boat owners who seek to book berths and moorings (Guests) can connect and transact (Platform). The Platform is available at www.rentmyboatberth.com.au and via other channels or addresses including if applicable, our mobile application and our application programme interfaces.
In these Terms, you means (as applicable): (a) the person or entity registered with us as either a Guest or Host; or (b) the individual accessing or using the Platform.
If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms
Accounts
You must register on the Platform and create an account (Account) to access the Platform’s features.
You may only have 1 Account as a Host and 1 Account as a Guest on the Platform unless you are a commercial operator.
You must provide basic information when registering for an Account including your business name, contact name and email address and you must choose a username and password. The username you choose must not: (a) be offensive or in other ways insulting; or (b) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.
You may register for an Account using your Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
Once you have registered an Account, your Account information will be used to create a profile which you may then curate.
You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.
Your Account is personal and you must not transfer it to others, except with our written permission. If a legal entity such as a company has created an account, you, the legal entity, are the Account owner, and regardless of any change in any contact details, you will remain responsible for your Account as set out in these Terms. If you wish to change the Account owner, you must provide us with a written request to transfer the ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account.
You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
If you are a Host, we may review your request for an Account before approving the request. We may request additional information. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.
We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of the services or threshold of reviews.
When you create an Account, you must also select a membership (Membership). You may choose between different tiers of Membership with different services and different membership periods (monthly or annual) as set out on our Platform.
Communication
We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email
Guests and Hosts can communicate privately using our private messaging service or offline using the listed contact details. Guests and Hosts must not use the contact details to organise the provision of the goods and/or services off the Platform.
Content
We may allow you to: (a) post, upload, publish, send or receive relevant content and information, including Reviews (User Content) on or through our Platform; and/or (b) access and view User Content and the content and information we make available on the Platform (Rent My Berth Content and together with the User Content, the Content).
Unless otherwise indicated, we own or licence all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms, (a) copy or use, in whole or in part, any Content; (b) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (c) breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from the Content.
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform on your personal devices and access and view any Content, in accordance with these Terms. All other uses are prohibited without our prior written consent.
You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content to provide the Platform and promote the Platform in any media or promotional material.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that: (a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (b) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach.
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.