These terms and conditions outline the general terms of usage for the Embark Boat Hire website.
By using our website you agree to be bound by, and adhere to, these terms and conditions at all time, in full. Embark Boat Hire reserves the right to modify and update these terms and conditions regularly, therefore it is your duty as user to keep up to the date with our website policies.
Throughout the site references of ‘we’, ‘us’ and ‘our’ are to Embark Boat Hire. The term ‘you’ refers to the user of this website.
All contents on this website are copyright (c) Embark Boat Hire and/or it’s partners. We own and control all of the content and materials found on our website. Any images or materials not created by Embark have been licensed by the content owner to us and we have the appropriate permissions for usage. You must not reproduce or use any of our content or materials without our permission.
2. Use Of Our Website
You may use our website to:
(a) view pages from our website in a web browser
(b) download pages from our website for caching in a web browser
(c) print pages from our website
(d) stream audio and video files from our website
(e) use our website services by means of a web browser
subject to the other provisions of these terms and conditions.
You may only use our website for your own personal purposes but you must not use our website for any other purposes.
Unless expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website)
(b) sell, rent or sub-license material from our website
(c) show any material from our website in public
(d) exploit material from our website for a commercial purpose or
(e) redistribute material from our website.
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
3. Acceptable Use
You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website for any other user.
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
(e) access or otherwise interact with our website using any robot, spider or other automated means.
(f) violate the directives set out in the robots.txt file for our website.
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
You must not use data collected from our website to contact individuals, companies or other persons or entities.
You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
4. Access Restrictions
Embark Boat Hire reserves the right to remove or restrict access to any part or all of this website, without notice.
5. Accuracy Of Website Information
From time to time you may find information on our website to have expired. This may include boat charter prices, availability or information about our services. We are not responsible if any of the information on our website proves to be out of date, is inaccurate or incomplete. The information we provide is for general information only and should not be relied upon.
We reserve the right to modify, update or change any of the information on our website at any given time, without consulting you, the user. It is your responsibility to keep up to date with the contents on our website.
6. Limitation of liability.
In no event shall Embark Boat Hire nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this website, whether such liability is under contract, tort or otherwise, and Embark Boat Hire, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent Embark Boat Hire from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
9. Variation of Terms
Embark Boat Hire is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Embark Boat Hire shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11. Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Embark Boat Hire and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
12. Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of ?, and you submit to the non-exclusive jurisdiction of the state and federal courts located in ? for the resolution of any disputes.
13. Our Information.
This website is owned and operated by Daniel Kirk. Embark Boat Hire is a subsidiary of 5 Star Cruises Pty Ltd (Type1 Pty Ltd).
ABN: 62 156 606 254 and our registered office is at Unit 923, 243 Pyrmont Street, Pyrmont, 2009, Sydney
You can contact us by writing to the business address given above, by using our website contact form, by email to [email protected] or by telephone on 1300 362 275.