Standard
Terms and Conditions
The use of this website is
subject to these Terms and Conditions. If you use
this website, you agree to be bound by these Terms and Conditions. |
Website
background
Marine Dynamix Houseboats and River Cruises (Marine Dynamix)
are trained and licensed building professionals with experience
in the design, manufacture and production management of marine
vessels.
This website is provided by Marine Dynamix for your convenience,
information and communication. The website is also provided
to allow you to view Marine Dynamix vessel models and to enable
you to purchase a licence to download a Marine Dynamix vessel
construction plan (plan) for the purpose of
constructing your own vessel on payment of the licence fee.
Licence to use this
website and its content
- Subject to these Terms and Conditions, Marine
Dynamix grants you a non-exclusive, non-transferable,
limited licence to use this website and its content.
You may view, download, store in cache, display, print and copy
general content from this site only for your personal, non-commercial
use and only in an unaltered form.
If you take a copy of anything on the website, you must attach
to it a copyright notice and a copy of these Terms and Conditions
of use of our website.
Any other use of the site or its content is prohibited unless
Marine Dynamix gives you prior written authorisation for a specific
act.CopyrightThis website and its content, including the plans,
are protected by copyright under both Australian and foreign
laws and international treaties. Any use of the content
or a plan not expressly permitted by these Terms and Conditions
is a breach of these Terms and Conditions and may violate copyright,
trade mark and other applicable laws and could result in criminal
or civil penalties.
Trademarks etc
We own our trademark and device. No permission is given
for their reproduction or publication, except to the extent allowed
by this limited licence.You must not alter in anyway etcYou are
not allowed to do anything which alters the website, or interferes
with or affects its working. This includes removing anything
from it, adding anything to it, linking it to or from another
website, and distributing any part of it to anyone else.Links
to website You must first obtain our prior written consent if
you wish to create a link to or from our website, or any part
of our website.
Our privacy policy
We will comply with our Privacy Policy (displayed separately
on our website) and you accept this policy as governing our
use of the personal information we receive about you as an
individual.
Material you provided
Any ideas, remarks, questions, data, graphics
or the like which you send to Marine Dynamix through
this site will be deemed not to be confidential information. Marine
Dynamix will be entitled to use or disclose this
information in any manner it chooses, without liability
or notice to you.Things we don’t promise
- We do not promise you any of the
following:
That you will have uninterrupted or error-free access to, and
use of, the website.
That the website or any files available for downloading will
be error-free or free from viruses, faults or defects.
That the content of the website (including the text, registration
facilities, hyperlinks, and the underlying HTML or XML) is accurate,
complete, or suitable for a particular purpose. You must
rely on your own judgment in relation to any matter of that type.
No affiliation etc
We are not affiliated with any person whose goods or services
are linked to or from the website or any linked site. We
do not sponsor, endorse or approve of any of those goods or services.
Exclusion of liability
Access to, and use of, this site is at your own
risk. The site may contain errors, faults and
inaccuracies and may not be complete or current. It
is provided to you on an 'as is' and 'as available
basis'.
- To the maximum extent the law allows:
we exclude every warranty or condition of any kind that might
otherwise apply in relation to the website, its content and its
useability.
we are not liable, and each of our officers, employees and agents
is not liable, for any liability, loss, damage or expense you
incur or suffer that arises out of your use of (or reliance on)
any of the content of the website or your inability to use it.
- This applies even if we have been informed that the liability,
loss, damage or expense will or may result.
Indemnity
- You agree to indemnify Marine Dynamix against any action,
liability, claim, loss, damage, proceeding, expense (including
legal costs on a full indemnity basis) suffered or incurred
by Marine Dynamix, arising from, or which is directly or
indirectly related to, a breach or non-observance of any
of these Terms and Conditions by you, a breach of a warranty
given by you to Marine Dynamix, or a false or misleading
representation made by you to Marine Dynamix.
Alteration
to content
We are entitled to alter any of the content at any time. However,
we are not under any duty to do so.
Severability
If any parts of these terms or conditions are
deemed invalid, void, or unenforceable then those
parts will be considered severable from these terms
and conditions. The remainder of this agreement
will continue in force.
Variation of conditions of use of website We reserve the
right to vary these conditions from time to time. The
latest conditions will always be made freely available to users
at www.marinedynamix.com.au .
Waiver
The fact that Marine Dynamix fails to do, or
delays in doing, something Marine Dynamix is entitled
to do under this document, does not amount to a waiver
of any obligation of, or breach of obligation by,
Marine Dynamix. A waiver by Marine Dynamix
is only effective if it is in writing.
A written waiver by Marine Dynamix is only effective in relation
to the particular obligation or breach in respect of which it
is given. It is not to be taken as an implied waiver of
any other obligation or breach; or as an implied waiver of that
obligation or breach in relation to any other occasion.
Governing law
This document is governed by the law of South Australia.
Disputes arising from your use of this site are exclusively subject
to the jurisdiction of the courts of South Australia, Australia.
This website may be accessed by users in Australia and overseas. Marine
Dynamix makes no representations that the content of this website
complies with the laws of any country outside Australia.
You are responsible for complying with the laws applicable in
the place where you access this site.
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