1. About the Website

• Welcome to www.windcraftyachts.com (Website). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (Products). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
• The Website is operated by Windcraft Australia Pty Ltd (ACN 003 344 527). Access to and use of the Website, or any of its associated Products or Services, is provided by Windcraft Australia Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
• Windcraft Australia Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Windcraft Australia Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Windcraft Australia Pty Ltd in the user interface.

3. Registration to use the Purchase Services

• One way to access the Purchase Services, is to first register your interest by providing us with your contact details via our Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
• Email address
• Telephone number
• First name, Last name
• You warrant that any information you give to Windcraft Australia Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
• You may not use the Purchase Services and may not accept the Terms if:
• you are not of legal age to form a binding contract with Windcraft Australia Pty Ltd; or
• you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

7. Copyright and Intellectual Property

• The Website, the Purchase Services and all of the related products of Windcraft Australia Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (Content ) are owned or controlled for these purposes, and are reserved by Windcraft Australia Pty Ltd or its contributors.
• Windcraft Australia Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
• the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Windcraft Australia Pty Ltd; or
• the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
• a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
• You may not, without the prior written permission of Windcraft Australia Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

8. Privacy

Windcraft Australia Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Windcraft Australia Pty Ltd’s Privacy Policy, which is also available on the Website.

9. General Disclaimer

• You acknowledge that Windcraft Australia Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
• Windcraft Australia Pty Ltd will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
• Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
• Subject to this clause, and to the extent permitted by law:
• all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
• Windcraft Australia Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
• Use of the Website, the Purchase Services, and any of the products of Windcraft Australia Pty Ltd , is at your own risk. Everything on the Website, the Purchase Services, and the Products of Windcraft Australia Pty Ltd, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Windcraft Australia Pty Ltd make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Windcraft Australia Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
• failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
• the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
• costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
• the Content or operation in respect to links which are provided for the User’s convenience;
• any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
• any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

10. Limitation of Liability

• Windcraft Australia Pty Ltd’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Windcraft Australia Pty Ltd is the resupply of information or Purchase Services to you.
• You expressly understand and agree that Windcraft Australia Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
• Windcraft Australia Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Windcraft Australia Pty Ltd, by third parties or by any of the Purchase Services offered by Windcraft Australia Pty Ltd.

12. Indemnity

• You agree to indemnify Windcraft Australia Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
• any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
• any breach of the Terms.

14. Venue and Jurisdiction

The Purchase Services offered by Windcraft Australia Pty Ltd are intended to be used by residents of Australia and New Zealand. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

15. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.