These terms are effective 1st September 2014.
By accessing or using Kayaks and Skis (kayaksandskis) you agree to be bound by these terms and conditions of use (and other terms and conditions and policies referred to in these terms and conditions and any other notices on the Kayaks and Skis Website) as amended from time to time.
1. About Kayaks and Skis:
(a) Kayaks and Skis publishes or makes available on the Kayaks and Skis information, advertisements, product and service offers, kayak/ski/paddle data, valuations, Software and links and other content supplied by Kayaks and Skis and third parties (Material). Kayaks and Skis does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on Kayaks and Skis or on any web site that links from Kayaks and Skis. (including third party display advertisements).
(b) Kayaks and Skis does not provide any warranty in relation to any goods or services advertised for sale on Kayaks and Skis by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller or owned by the seller.
(c) This site is an online marketplace and advertising medium for kayaks, ocean skis, SLSA equipment, canoes, paddle and SUP's (stand up paddle boards) connecting buyer to seller. We are not involved in the actual transaction between buyers and sellers and disclaim any liability to this end.
(a) Buyer : means someone who uses this site to buy a paddling related product.
(b) Seller : a person, club or other entity who uses this Site to sell paddling related products. See below.
(c) Individual or private seller: any individual person who uses this Site to sell paddling related products.
(d) Retail Seller : any entity, be it "kayak manufacturer" or "distributor" who uses this site to advertise their stock. A retailer must be based in Australia and have a valid ABN.
(e) New: a paddle, accessory or craft that has not previously been used.
(f) Used or Second Hand item: a paddle, accessory or craft that has been previously used.
(g) You Content : information and data you provide about the paddle, accessory or craft you are selling.
(h) Subscription : a contract with a retail seller or distributor and us for the use of this site.
(i) Kayaks and Skis: Kayaks and Skis will be referred to as "Site", "Website" and "KayaksandSkis".
The Terms on Which the Seller Agrees To Use This Site.
If you place an advertisement ("ad") on this Site you must comply with the rules set out below in section 3. Posting.
(a) Abusing Kayaks and Skis
Kayaks and Skis and the Kayaks and Skis community work together to keep the site working properly and the community safe. Please report problems, offensive content and policy breaches to us using the contact details at the bottom of this page.
Without limiting other remedies, Kayaks and Skis may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off the Website if we deem them to be creating problems or acting inconsistently with our policies. However, we do not accept any liability for monitoring Kayaks and Skis for unauthorised or unlawful content or use of the Website by users.
Do not post content ("Your Content") that infringes the rights of third parties. This includes, but is not limited to, content that infringes intellectual property rights such as copyright and trademark. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on intellectual property rights will be removed by Kayaks and Skis administrators.
(c) Your Content
Sellers on this Website may not post any content or use terms that may be deemed to be offensive or derogatory and we reserve the right to report and cancel those ads without notice or refund.
The administrators may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your account (if you have one), you may simply discontinue using Kayaks and Skis.
This Website may not be used as a medium on which to defame, bully, discredit, vilify or reproach any person.
This Site should not be used to identify a person without proper authority.
Sellers or users of Kayaks and Skis must not intentionally upload any form of virus or malicious software to this website which may change the sites functioning or appearance.
(d) Paddling gear only
You agree to only post content that is relevant to the sale of paddling gear (e.g. kayaks, ocean skis, SLSA skis, canoes, paddles, SUP's, creekers, cags drysuits, sea kayaks etc). You are not permitted to use this Site to 'blanket market' other products.
4. Copyright and Ownership of Information
To the extent that you are legally able to, you hereby assign to us all copyright in your ad and any content you provide to us (" Your Content").
You grant us a royalty free license to use, reproduce, modify, adapt, and sub-license your ad and Your Content for the purposes of providing your ad and Your Content in this or any other directory, product, service, or marketing material provided for use by us or by a third party to which we syndicate your ad or Your Content.
All sellers using this Site are responsible for the sale of their paddling item(s) and the terms on which that sale is made. This may include (but is not limited to) customer service, fulfilment, returns and defects etc. None of this responsibility rests with us.
Sellers must be legally able to sell the item they post.
All sellers agree to abide by the Australian laws and regulations that apply to Fair Trading.
It is up to the seller to alert us as to when their advertised item has been sold by logging into their account.
5. Individual or Private Seller:
Your ad is only valid or "live" (and thus visible on Kayaks and Skis) when you have filled the necessary forms, agreed to the terms outlined herein and made payment. The information is to be provided by you (Your Content). You agree to only post content that is relevant to the sale of your paddling item.
You acknowledge that there is a minimum amount of information that must be uploaded for each board/ad. These are indicated by the 'mandatory fields' when you create an ad in your account.
In order to preserve the quality of content on the Website we reserve the right to verify the details of an ad by contacting you. You agree to provide further information as is reasonably required.
(a) Duration of Ad
Each ad listed has a 60 day life.
There is no fee, and will never be any fee required for 'Individual/Private Sellers' to list their paddling equipment. However, we reserve the right to change the payment structure for additional services (e.g. Premium Ad listings) at any time and any future listings must abide by this new structure.
If a fee is charged, you pay for the ad up front. There are no further fees to pay on sale. The payment of fees takes place at the start when you create an ad with your account. All transactions are processed in AUD.
(c) Contact Details
Any contact details you provide must be authentic and are your own. We reserve the right to take down any ads that are found to have false contact details.
6. Retail Sellers
Information Provided by You (Your Content): You acknowledge that there is a minimum amount of information that must be uploaded for each ad. These are indicated by the 'mandatory fields' when you create an ad in your account.
In order to preserve the quality of content on this Website we reserve the right to verify the details of an ad by contacting you or your organisation. You agree to provide further information as is reasonably required.
(a) Duration of Ad
There is no time limit for how long your Ads will be listed. Your Ads will continuously be listed on the site for the duration of the subscription agreement.
You may opt for one of the Subscription packages (all fees below are upfront charges and represent the total payable over the term of the agreement):
Payments are made up front when you create an account.
By accepting these terms you authorise us to arrange for funds that from time to time may become due to us under your account to be debited from your nominated account in amounts and at intervals as advised by us to your financial institution.
Should there be any change to the terms of payment we will give you at least 14 days notice in writing (electronic or otherwise). This notice will state the new amount, frequency, next charging date and any other changes to the terms. Any increase in price will not apply to or affect pre-existing contracts.
Your account details will be kept confidential except that information may be provided to your financial institution to initiate the drawing or charging to your nominated account or in connection with a claim of alleged incorrect or wrongful withdrawal/charging (standard procedure).
All transactions are processed in AUD
You, the Retail Seller are responsible to notify us in writing (email is fine) should you wish to cancel or opt out of any service. Cancellations of subscriptions must be made and accepted by Kayaks and Skis in writing before the 10th day of the month to the address below:
Mail: PO BOX 5152 South Turramurra NSW 2074
Phone: (02) 8064 4396
Cancellation of six month or twelve month subscriptions will incur a penalty of the lesser of the these two options: three month's fees at your present rate, or the remainder of you subscription fees outstanding. Service to your account on our Site will still be maintained during this time period. Cancellations received after the 10th will be processed in the month proceeding.
If you opt to pay in full, up front for your ad you will not be granted a refund should you wish to opt out of the service agreed to.
7. Goods and Services Provided by Kayaks and Skis
If Kayaks and Skis offers goods or services to you, including advertising any item for sale on the Website, the services are subject to additional terms and conditions. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.
You agree to indemnify and hold harmless the Owner, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation of this agreement.
9. What Law Governs these Terms and Conditions
This Agreement is governed by and construed in accordance with the laws of the State of New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
10. Contact Kayaks and Skis
If you have a question, query or complaint or need to contact us:
Postal Address: PO Box 5152, South Turramurra NSW 2074
Phone: (02)8064 4396