Deckee operates a free boating App for local knowledge, activity logging, location sharing, marine weather, safety alerts and official regulations ("Safety Platform") and an online marketplace allowing Users to connect with third party Vendors who list and sell goods and/or services with Users ("Marketplace Platform").
1. ABOUT THESE TERMS
1.1 In these Terms, “we”, “us” or “our” means Deckee Pty Ltd (ACN 63 167 870 199) and includes its subsidiaries, and their respective directors, employees, and agents. “You” or “your” means the User who accepts these Terms. Additional definitions are set out in clause 20.
1.2 You should read these Terms carefully. They apply to your use of our Website, App and Services.
1.3 By using or accessing the Website, the App or the Services, you indicate your acceptance of these Terms. By accepting these Terms, you agree to the obligations imposed on you under these Terms and, in exchange, we agree to provide you with access to the Website and the App. If you do not agree to these Terms, you should immediately cease accessing and using the Website, the App and the Services.
1.4 We reserve all rights to alter these Terms at our discretion. Each time you use the Website, the App or the Services, it is your responsibility to be aware of our current terms. Your continued use of the Website, the App or the Services following the posting of changes to these Terms will be deemed your acceptance of those changes.
1.5 These Terms, as amended by us from time to time, continue to apply for the duration of your use of the Website, the App and Services or until terminated in accordance with clause 10.
2. OVERVIEW OF SERVICES
2.1 The Safety Platform allows a User to view nautical maps supported by a variety of information, in accordance with data provided by and uploaded by Deckee, the User and other users of the Safety Platform, directly to the Safety Platform ("Safety Platform Services").
2.2 The Marketplace Platform provides an easy and convenient way to find and book goods and/or services with third party Vendors. We do not directly supply or sell goods and/or services on, or via, the Marketplace Platform ("Marketplace Platform Services").
2.3 Users may view parts of the Services without creating an Account, however to use or interact with the Services in any other way, a User must register for an Account in accordance with clause 6.
3. Safety Platform Services:
3.1 If you register for a Safety Platform account in accordance with clause 6 and your registration is accepted by us, you will have access to the Services and will be able to, notwithstanding other Safety Platform functionality released from time to time:
a) view nautical maps;
b) view and contribute to data and information (by way of example, alerts, marinas, moorings, anchorages, weather) made available by us; and
c) upload personal content including points of interest, multimedia, comments, images and links to third party sources (where you have express authorisation to provide said links).
4. Marketplace Platform Services:
4.1 If you register for a Marketplace Platform account in accordance with clause 6 and your registration is accepted by us, you will have access to the Services and will be able to:
a) search and find Vendors’ listings on the Website;
b) send booking requests to Vendors who you would like to engage to provide goods and/or services;
c) receive notifications when each Vendor to whom a booking request was sent either accepts or rejects the booking request;
d) view a list of all Vendors who have accepted a booking request in order to select which Vendor you would like to engage;
e) pay for your accepted bookings via the Vendor's nominated payment method;
f) rate and review a Vendor and their service offering;
g) access your purchase history and receipts; and
h) contact Vendors directly to make inquiries, purchases and requests.
4.2 Registered Users may rate and review a Vendor once a booking is completed and may:
a) have the option to provide a rating regarding the goods and/or services after they engage with a Vendor for the use of any goods and/or services; and
b) be able to rate a Vendor’s goods and services (based on a rating system of 1 to 5 stars), as well as give feedback regarding the goods and/or services sold by the Vendor. Ratings and reviews provided by Users must be honest and non-biased and at all times comply with these Terms.
5. USING THE SERVICES
5.1 When using the Services:
a) you must ensure that your access to, and use of, the Services is not illegal or otherwise prohibited by laws that apply in your jurisdiction;
b) you acknowledge that any information on the Website, the App or otherwise provided to Users is supplied in good faith but we do not guarantee its accuracy or completeness. You agree that it is your responsibility to make enquiries as to the accuracy or completeness of any information; and
c) you agree that you have sole responsibility for any activity that occurs on your Account. You must keep your Account details and password secure, as you are responsible for any activity on your account (whether undertaken by you or anyone else). You agree to notify us immediately if you become aware of or suspect any security breach or unauthorised use of your password or Account.
5.2 When using the Safety Platform Services:
a) you may encounter differences between the real conditions and those indicated in the nautical maps and any other data which is accessible through the Safety Platform. You acknowledge and undertake to exercise your own judgement irrespective of use of the Safety Platform and its functions, according to your own responsibility and at your own risk. You are liable for your own conduct and for the consequences of your conduct;
b) you agree to pay the utmost attention in order to ensure safe use and in compliance with applicable laws, with particular regard to the maritime code and laws put in place to protect one’s own safety and the safety of others; and
c) you acknowledge that the Safety Platform does not replace authorised maps, navigational charts and any safety information that is presented in real time on the water to a User which, together with warnings to navigators, contain all information necessary for safe navigation.
5.3 When using the Marketplace Platform Services:
a) you are responsible for verifying the identity and authenticity of a Vendor and its goods and/or services when you engage them for the provision of goods and/or services. Despite our use of reasonable endeavours to verify the identity of Vendors on the Marketplace Platform, you acknowledge that, to the extent permitted by law, we do not warrant the reliability, legitimacy, repute, or credibility of any Vendor, nor the capacity, ability or willingness of the Vendor to deliver or transact with you; and
b) you acknowledge that any information, products and services on the Marketplace Platform is not endorsed by any government agency who partners with Deckee.
5.4 The Services may contain links to other websites. Those links are provided for convenience only and may not be current. Any hyperlinks or banners advertising other websites on the Website, or external websites that advertise the Website or the App, are not subject to our control or privacy standards, policies and procedures. We will not be responsible for the content or privacy practices associated with such linked websites and we recommend that you make your own enquiries as to the privacy and other policies of those third parties.
5.5 You must take precautions to ensure that when accessing the Services, you do not expose your telecommunications or computer systems to viruses, malware or other forms of interference that may damage your telecommunications or computer systems. We are not responsible for any such damage to your telecommunications or computer systems which may arise in connection with your access to the Website, the App and use of the Services.
5.6 While using the Website, the App and any associated Services, you must not:
a) misuse any part of the Website or the App by introducing viruses, trojans or other material that is malicious or technologically harmful;
b) attempt to gain unauthorised access to any part of the Website or the App, the server on which any part of the Services is stored or any server, computer or database connected to the Website or the App;
c) engage in any activity that interferes with or disrupts the Services or the servers and networks that host the Services;
d) attempt to circumvent, disable or otherwise interfere with any security-related features of the Services or any features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services or the content of the Website or the App;
e) use the Website, the App or the Services to create or incorporate other datasets correlated to the nautical maps to be used for a service which is similar or identical to the Safety Platform;
f) copy, download, duplicate, distribute, disseminate or in any way use – including partially – images, distinctive marks, text and content belonging to us or in any way found on the Website or the App;
g) transfer or resell your Account or any other right to use the Website, the App or the Services;
h) engage in any abusive or derogatory behaviour;
i) upload or in any way communicate or send to other Users content (text or graphic content or any other type) which is offensive, vulgar, violent, false, harmful to our image or contrary to law; or
j) advocate, support or practice discrimination based on race, religion, age, national origin, language, gender, sexual orientation or mental or physical handicap.
5.7 We may contact you by email or provide you with information by posting notices on the Website. It is your responsibility to ensure that you have correct contact details registered with us, that you give us written notice of any changes to your contact details, and that you check your nominated email address regularly for any correspondence.
5.8 We may, at our absolute discretion, terminate, suspend or delete your account or restrict your access to the Services (or any part of the Services) for any reason without notice. This includes for security, technical, maintenance, legal or regulatory reasons or due to any breach of these Terms. If we do this, you may be prevented from accessing your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
5.9 If you fail to comply with these Terms, we may, in our absolute discretion and without liability:
a) immediately, temporarily or permanently withdraw your right to access and use the Services, the Website and the App (including deletion of your account);
b) delete, alter or move any message or other posted content on the Website and the App;
c) take any other legal action against you; or
d) refer or report any suspected fraudulent, abusive or illegal activity to relevant law enforcement authorities.
6.1 To access certain parts of the Services, you must register with us by providing us with Registration Data as requested. You may not use one email address to register for multiple accounts.
6.2 We reserve the right to decline your registration request if you do not pass our verification process.
6.3 If you are under the age of 18 years, we may ask you to confirm that you have your parents’ or guardians’ permission and that they have agreed to these Terms on your behalf. Even if we do this, by submitting Registration Data to us, you acknowledge that you have your parents’ or guardians’ permission and that they have agreed to these Terms on your behalf.
6.4 If you are a parent or guardian who has permitted a person under the age of 18 (a “Minor”) to create an account, you agree to:
a) exercise supervision over the Minor's use of our Services and their personal account with us;
b) assume all risks associated with the Minor's use of our Services and their account, including the transmission of content or information to and from third parties via the internet;
c) assume any and all liabilities resulting from the Minor's use of our Services and their account;
d) ensure the accuracy and truthfulness of all information submitted to us and the Website or the App by the Minor; and
e) provide the necessary consents contained in these Terms on behalf of the Minor.
6.5 We reserve the right to take legal action and seek compensation from a parent or guardian of a Minor for any loss or damage we may suffer as a result of, or in connection with, any transaction entered into on, or via, the Website or the App by that Minor.
6.6 Subject to clause 6.4, if you provide Registration Data to us, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the truthfulness, completeness and accuracy of your Registration Data as necessary and/or as required by us.
6.7 If you provide us with Registration Data, you consent to the following:
a) we may provide your Registration Data to Vendors for the purposes of providing you with the Services;
b) you may receive emails from us regarding details of your registration, orders and/or purchases made through your account, and/or information relating to your access and use of the Services and your account; and
c) from time to time, we may email you regarding our Services or third-party products and services which we believe may be of interest to you, such as new products, features, special offers and updated information. The emails may contain code that enables our database to track your usage of the emails, including whether the email was opened and/or what links (if any) were clicked. We may combine that information with other information which we have about you and may use that information to improve your site experience and/or provide customised email communications to you.
7. MARKETPLACE PRICING
7.1 All prices displayed on the Marketplace Platform are subject to change without notice.
7.2 If you're using the Marketplace Platform in Australia, all prices listed will be in Australian Dollars and inclusive of goods and services tax (GST) unless otherwise specified. If you're using the Marketplace Platform in another country, prices may be listed in your relevant local currency and may include any applicable local duties and taxes.
7.3 As the customer you are responsible for paying any additional import or export duties, taxes, freight and handling charges related to any purchase you make on the Marketplace Platform.
8. MARKETPLACE PURCHASES
8.1 You acknowledge and agree that a listing on the Marketplace for the provision of goods and/or services by a Vendor constitutes mere information and does not form part of any offer to sell those goods and/or services.
8.2 A registered User may communicate with Vendors via the Marketplace Platform for the purchase of goods and/or services. For the avoidance of doubt, all purchases and/or payments made pursuant to any agreement which utilises the Services is between you and the Vendor to the exclusion of us.
8.3 You are responsible for checking the suitability of services offered by Vendors via the Marketplace Platform with Vendor directly.
9. MARKETPLACE PAYMENTS
9.1 Payments for goods and/or services listed via the Marketplace Platform may be made via a third party payment provider. We accept no responsibility for transactions that occur outside the Marketplace.
9.2 The User bears sole responsibility for verifying any terms and conditions imposed by the Vendor in relation to the sale of goods and/or services.
9.3 Payments submitted via a third party payment provider are subject to the terms and conditions published by that provider, from time to time. By placing an order and using a third party payment provider to process payments you agree to be bound by the relevant terms and conditions of that provider. You agree that it is your responsibility to ensure you have read and understood the terms and conditions of the third party payment provider before transacting with them.
10.1 You may terminate access to your own Account at any time and for any reason by emailing a written request for cancellation to us at firstname.lastname@example.org.
10.2 In addition to our rights under clause 5, we may, at our absolute discretion, terminate these Terms or cease to supply you with access to the Website, the App and/or the Services, if:
a) it transpires that you have provided false or misleading information on the Website or the App;
b) you are found by us to be offensive or abusive to a Vendor or another User; or
c) you fail to pay any fees or charges payable by you on time or at all.
10.3 If your access to the and/or the Services is terminated for any reason, we will be entitled to payment for any outstanding fees or charges properly incurred by us up to the date of termination and any fees or charges incurred during any applicable notice period or otherwise specified in these Terms.
10.4 We may, at any time, discontinue support of or delete the Website either in whole or in part, temporarily or permanently, in our sole discretion.
11.1 We will, within a reasonable period of time, investigate any alleged error or issue regarding any of the Services, provided that you notify us in writing within seven (7) days of becoming aware of the error or issue with all necessary information to be able to investigate the error or issue. Notwithstanding, you agree that our liability will be limited in any event to the right to attempt redelivery of the Services to you.
11.2 You agree to use your reasonable endeavours to ensure that the information that you supply us or any Vendor is complete and accurate and notify us (and, if relevant, the Vendor(s)) in writing if there is any change to the information supplied.
11.3 Except as provided in these Terms, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of the Services provided in accordance with these Terms is given by us, other than as required by law. All implied warranties are hereby excluded.
11.4 Nothing contained in these Terms excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.
12.1 To the extent permitted by law, we will not be liable for any loss, expenses, liabilities, costs or damage caused by viruses, system failures or other technologically harmful material that may infect your computer equipment, programs, data or other material due to your use of any part of the Website or downloading of any material posted on it or on any website linked to it. We recommend Users ensure they have up-to-date virus checking software installed.
12.2 To the extent permitted by law, we are not responsible for dealing with, and not liable for, any disputes or complaints made by you in relation to goods or services sold, or advertised, via the Website (including any dispute or complaint regarding refunds, payment, goods or services). You should address such complaints directly with the Vendor.
12.3 We may from time to time publish warnings, alerts and other information on the Website provided to us by third parties including, but not limited to official maritime authorities. You agree that we will not be liable for we will not be liable for any loss, expenses, liabilities, costs or damage relating to the accuracy, completeness or reliability of any such warnings, alerts or information provided to us by these third parties.
12.4 You agree that we will not be liable any direct or indirect loss, expenses, liabilities, costs or damage relating to the accuracy, completeness or reliability of any maps, content, maritime conditions, warnings, directions presented in or by the Safety Platform which may be inaccurate or incomplete or subject to error, delay or change. You acknowledge and agrees that such errors and omissions are inherent in any community-based service that operates on information submitted by users.
12.5 You agree that we will not be liable for any indirect, consequential, special or exemplary losses, expenses or liabilities, or loss of profits, loss of revenue, economic loss, loss of goodwill, corruption or alteration of data, failure to realise anticipated savings, loss of opportunity, expectation loss or loss of production, arising out of, or in connection with, the provision or use of the Services, the Marketplace, the Website or these Terms.
12.6 You agree that, in any event, our maximum aggregate liability to you under these Terms will be no more than the total amount of payment that you have made to us in the 12 months prior to the claim being made.
12.7 You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.
12.8 This clause 12 survives termination or expiry of these Terms.
13.1 To the fullest extent permitted by law, you agree that you waive, release, discharge and relinquish any and all claims that you have now or may have against us which are connected with, arise out of, relate to or are incidental to the provision of the Website and your use of the Services.
13.2 You indemnify us, and hold us harmless, from and against any and all claims, loss, damage, taxes, liabilities and/or expenses that may be incurred by us arising out of, or in connection with, your use of the Website, the Services and any breach by you of these Terms.
13.3 You agree and acknowledge that we will not be liable or responsible for any loss or damage suffered by any Vendor or other User due to your actions, and you indemnify us from and against any and all claims by any Vendor or other User in relation to your actions (including content created and posted by you).
13.4 This clause 13 survives termination or expiry of these Terms.
14. INTELLECTUAL PROPERTY
14.1 You acknowledge that all Intellectual Property Rights in the Services, the App and Website are the property of us (or our licensors) and your use of, and access to, the Services, the App and Website does not give you any rights, title or interest in or to the Services, the App or Website. Unless expressly authorised either under these Terms or otherwise by the licensors, you may not reproduce, adapt, modify, display, perform or distribute the Services, the App or Website or any part of the Services, the App or Website.
14.2 You may not modify or copy the layout or appearance of the Services or any computer software or code contained in the Services, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Services.
14.3 You may access and use the Services for your personal and non-commercial use only. You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Services on another website or commercialise any information obtained from any part of the Services or Website without our prior written consent.
14.4 By uploading, posting, transmitting or otherwise making available any Material via the Services, the App or the Website, you:
a) grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, publish, reproduce and otherwise exploit the Material in any form for any purpose and unconditionally waive any moral rights that you might have in respect of the Material; and
b) represent and warrant that you either own the Intellectual Property Rights in that Material or have the necessary permission to upload, post, transmit or otherwise make available that Material via the Services, the App or Website.
14.5 You acknowledge and agree that Material on the Website, the App or otherwise in the Services may contain data from one or more third party sources, to the extent that any such source is used, the terms of that third party's license agreement will also apply to your use.
15. UNAVOIDABLE EVENTS
15.1 We will not be liable to you if we are prevented from, or delayed in, providing the Services due to acts, events, omissions or accidents beyond our reasonable control (“Unavoidable Events”). Where an Unavoidable Event occurs, we will attempt to recommence provision of the Services as soon as reasonably practicable.
16. DISPUTE RESOLUTION
16.1 If you have a complaint about the performance of these Terms or the Services:
a) if the complaint relates to a payment to a Vendor via the Marketplace Platform, contact the relevant Vendor directly about the complaint; or
b) for any other complaints, including complaints regarding the Safety Platform contact us at email@example.com in the first instance and allow us reasonable time to consider your complaint, determine a possible solution and notify you of the solution.
16.2 This clause 16 survives the expiry or termination of these Terms.
17. LINKING TO THE WEBSITE
17.1 You may link to the Website, provided that you do so in a way that is fair and legal and does not damage, or take advantage of, our reputation. You must not establish a link in a way that suggests any form of association, approval or endorsement by us where none exists.
17.2 You must not establish a link to the Website from any website that is not owned by you (except with the website owner’s express permission).
17.3 The Website must not be framed on any other website.
17.4 We reserve the right to withdraw linking permission under this clause 17 by updating these Terms.
19.1 Any provision of these Terms that is found to be void or unenforceable will, to the extent that it is void or unenforceable, be severed from these Terms without affecting the enforceability or validity of any other provisions.
19.2 A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.
19.3 These Terms are governed by the laws of New South Wales, Australia. The parties unconditionally submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
20.1 In these Terms, the following expressions have the following meanings, unless otherwise stated:
"Account" means the account on which a User supplies their Registration Data;
"App" means the Deckee App, available ia the Apple App Store or Google Play, which provides Users with access to the Safety Platform on a mobile device;
“Intellectual Property Rights” means all present and future intellectual and industrial property rights throughout the world of whatever nature (whether or not registered or registrable), including, but not limited to, all rights in respect of technical information, know-how, copyright, trade marks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights;
“Marketplace Platform” means the online portal located via the Deckee App, online via shop.deckee.com, or any other location advised by us from time to time, through which certain goods and services can be negotiated, bought and sold;
"Marketplace Platform Services" means the services we provide in connection with the Marketplace Platform;
“Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Website or on the App, or otherwise displayed, uploaded or published on, or via, the Website or on the App;
“Payment Processing Services” means any services that we provide pursuant to these Terms which are to be used to process payments in relation to purchases on the Marketplace Platform;
“Purchaser” means any person or entity that purchases goods and/or services listed by a Vendor for sale on the Marketplace;
“Registration Data” means information provided by you to us for the purposes of your Account registration to access the Services certain sections of the Website or the App including, but not limited to, your name, date of birth, gender and contact details;
"Safety Platform" means the online portal located on or via the Website or the App through which Users can view information and nautical maps;
"Safety Platform Services" means the services we provide in connection with the Safety Platform;
“Services” refers to the Safety Platform Services and Marketplace Platform Services and any associated services we provide pursuant to these Terms;
“Terms” means these User Terms and all of the terms of any order placed by you through the Marketplace Platform;
“User” means any person or entity using the Services, whether they are a Vendor, Purchaser or a person who browses, visits or otherwise uses the Website, the App or the Services;
"Vendor" means any person or entity who lists goods and/or services for sale on the Marketplace; and
“Website” means the website located at www.deckee.com or any other website nominated by us from time to time, and any associated services, software, networks or processes.