https://theyachtclubaustralia.com.au/giveaway/whittley-ff-1650-fish-finder/WIN a Whittley Fish Finder Boat
1st Prize
Whittley Fishfinder FF1650
THE PRIZE!
Winner of The Yacht Club Australia Giveaway will receive a Whittley FF 1650 Fish Finder valued at $67,529.
Full Specifications
FEATURES
FRONT AND SIDE CLEARS
FRONT AND REAR DELUXE RATCHET STRAPS
MOULDED REAR BOARDING PLATFORMS
SPORTS FISHER DECALS
2x REAR QUARTER REMOVABLE SEATS
GARMIN 6 GPS/FF
WHITTLEY ACCESSORY PACK
S/S BAIT BOARD
INSHORE SAFETY KIT
WHAT'S INCLUDED!
WIN a brand new Whittley FF1650 boat and trailer
Trailer & boat registrations included
Recieve your tickets instantly
Delivery to your door, anywhere in Australia* excludes SA Residents
Multiple entries allowed
Chance to win $1000 Bonus giveaway by purchasing one of our $100 Gold Entry Packages
The first 100 purchases of $100 tickets sold go in the bonus draw to win $1000 cash
ONLY 41 REMAINING!
GET ENTRIES
2ND PRIZE
YACHT CLUB AUSTRALIA SUBSCRIPTION
12 Month V.I.P Loyalty Owner’s Membership
VALUED AT $1,199!
3RD PRIZE
YACHT CLUB AUSTRALIA SUBSCRIPTION
12 Month V.I.P Loyalty Owner’s Membership
VALUED AT $599!
The Yacht Club Australia Bronze
$20.00
GET ENTRY
The Yacht Club Australia Silver
$50.00
GET ENTRY
The Yacht Club Australia Gold
$100.00
GET ENTRY
ONLY 41 REMAINING!
Boat Give Away
THE YACHT CLUB AUSTRALIA GIVEAWAY
WHITTLEY FF 1650 FISH FINDER
The garage-friendly alternative to aluminium runabouts, the FF 1650 is blessed with a ride that few boats in its size class can match.
Featuring a modern black sports dash, premium rubber flooring throughout and a removable rear lounge. Your boating options are endless with FF1650. Powered by a Mercury 90 HP “Combined Thrust” motor, the FF1650 powers on a proven hull, with the modern Whittley flare, in family focused and experienced fishing package.
TERMS AND CONDITIONS
7The Yacht Club, Australia (“TYCA”) provides an online platform for peer review giveaway competitions through various websites, including but not limited to this website, which are subject to the following terms and conditions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS AND CONDITIONS SET OUT THE TERMS OF A LEGALLY BINDING AGREEMENT BETWEEN YOU AND “TYCA” FOR YOUR USE OF THIS WEBSITE AND THE RELATED SERVICES. BY RECOGNIZING YOUR ACCEPTANCE OF THESE TERMS, EITHER BY REGISTERING A USER ACCOUNT AND/OR BY ACCESSING AND USING THIS WEBSITE, AS APPLICABLE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, YOU MUST CEASE USING THIS WEBSITE AND THE RELATED SERVICES.
GENERAL
“TYCA” (ABN 71654749096 ) of P.O. Box 4050, Shellharbour NSW 2529, (hereinafter referred to as ‘We’ or ‘Us’ or ‘Our’), is conducting a trade promotion (business or community that promotes it’s products or services by offering prizes to winners selected by an element of chance) by way of a lucky draw (hereinafter referred to interchangeably as the ‘Giveaway’ or ‘Competition’) for individuals ( hereinafter referred to as ‘Participant’ or ‘Participants’ or ‘Members’ or ‘Entrants’ or ‘Them’ or ‘You’ or ‘Your’).
THE GIVEAWAY
Commences at 12.01am AEST on the 28th of July 2022 and concludes at 12:00am AEST on the 27th of November 2022.
The Giveaway event, at which the PRIZES FOR WINNERS will be drawn, will be conducted at LVL 1, 17 Flinders Street, Wollongong and will be streamed live via our Facebook and Instagram pages on the 28th of November 2022 commencing at 7.00pm AEST.
Information on how to enter and prizes form part of the terms of entry. Entry into the Competition is deemed acceptance of these terms and conditions.
ELIGIBILITY
Entry is open to all Australian Residents except employees and immediate families of “TYCA” and their associated companies and agencies. Immediate family includes of the following: spouse, ex-spouse, de-facto spouse, child or step child (whether natural or by adoption), parent, step parent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, step brother, step sister or first cousin.
Participants shall be allowed to enter the Giveaway Competition via official links provided by the website and social media platforms, IF: Participants agree to comply with the Terms and Conditions; and
Participants purchase the package from the official links.
ENTRY TO THE GIVEAWAY COMPETITION
We are giving away our vessel valued at $67,529 as a promotion of the “TYCA” brand.
In order to be eligible for the Giveaway Competition, participants are required to purchase a package which is a once only payment via the official links which shall automatically place them in the Giveaway Competition or by becoming a subscribing member of The Yacht Club Australia.
The “Whittley FF1650 Boat Giveaway” will be limited to 10,000 Entrants Only. Entrants are a single participant, but each participant may purchase multiple packages, V.I.P. Membership or a combination of both.
Details of the Packages and V.I.P. Loyalty member subscriptions can be found on the official website
www.theyachtclubaustralia.com.auParticipants will have to purchase a package such as the Steward/dess, Deck Crew, First Mate, Captain or Owner’s packages, or membership subscriptions such as the V.I.P. Loyalty Crew Membership, V.I.P. Loyalty Captain’s Membership or V.I.P. Loyalty Owner’s Membership via
https://www.theyachtclubaustralia.com.au or links via our social media platforms which will automatically place you in the draw.
THE PRIZES
The total prize pool is worth $69,329 AUD.
a. FIRST PRIZE: Vessel valued at $67,529 AUD, and includes boat Trailer, and all registration transfers for both vessel and trailer, and delivery to the contestant’s door. It does not include insurances.
b. SECOND PRIZE: 12 Months “V.I.P. Loyalty Owner’s Membership” Subscription to The Yacht Club Australia.
c. THIRD PRIZE: 12 Months “V.I.P. Loyalty Captain’s Membership” Subscription to The Yacht Club Australia.
The Winners of each of the 3 prizes will be announced live at 7.00pm on the 28th of November 2022 via an electronic number Draw.
The announcement of winners will also be broadcast live on all our social media platforms. The Winners shall also be contacted via phone and email immediately at 7.00pm on the 28th of November 2022 after the announcement.
Winners will be published online on the 28th of November 2022 via our social media platforms, Facebook and Instagram, and published on our website at
www.theyachtclubaustralia.com.auThe Vessel will be handed over by our team to the Winner within 21 business days after the draw. Times may vary as a result of state COVID-19 lock downs and restrictions.
If the prize is unclaimed after a 3-month period of the initial draw, the prize will then be redrawn at Lvl 1, 17 Flinders Street, Wollongong NSW, 2500 via our electronic ticketing system, on the 28th of February 2023 at 7.00pm AEST and a new winner announced on our social media platforms, Facebook and Instagram, and published on our website at
www.theyachtclubaustralia.com.auIf the Giveaway Competition is limited by the number of Entrants, and the Giveaway Competition is sold out prior to the originally advertised final draw date, the final draw date may be moved forward, and a NEW final draw date may be advertised and announced on media platforms where previous advertising had taken place, including social media and our website.
The Participant shall be entitled to contact us at
contact@theyachtclubaustralia.com.au All communications in relation to the Giveaway must be made via
contact@theyachtclubaustralia.com.au or via our customer support number 0418 114 877.
REPRESENTATIONS AND WARRANTIES OF TYCA
“TYCA” warrants the following:
All vessels involved in the Giveaway are to be given away as a promotional prize AND are the property of “TYCA”.
The purpose of this promotion is to bring awareness to the “TYCA” brand.
“TYCA” neither sells raffle tickets nor any tickets specifically to win these prizes.
These prizes are strictly a promotional giveaway, which can be won by any person that purchases a package via our website or any official link, or have an ongoing V.I.P. loyalty member subscription of The Yacht Club Australia rewards club, thereby becoming a Customer of “TYCA”
Entries to the Giveaway are only provided as a promotional prize to Members or Customers of “TYCA” and cannot be purchased and will not be sold separately.
“TYCA” entirely funds all of their promotions. Everything associated with this promotion is funded by “TYCA”.
“TYCA” pays for all the prizes and modifications of the vessels.
‘TYCA” subscription V.I.P. loyalty members accumulate an extra entry into every draw for every month that a successful payment is debited.
If a “TYCA” subscription loyalty member’s payment fails, we will retry five times, which after repeat failures, the subscription will be suspended.
If a “TYCA” subscribed loyalty member cancels their account, they forfeit all entries if they have not already been generated.
“TYCA” will be supporting various charities and organisations on their own accord by donating a portion of every package purchased after expenses. The donation will be made by “TYCA” to such organisations once the winner is announced.
REPRESENTATION AND WARRANTIES OF THE PARTICIPANT
The Participant represents and warrants that it shall not contact any affiliate, employee, sponsor or partner of “TYCA” in order to manipulate the Contest results.
MEMBERSHIP TERMS
Memberships purchased through the “TYCA” Packages, grants members access to the rewards platform for a time period.
Memberships also include discounts to our official merchandise store.
Memberships to our club also include invitations and access to official “TYCA” Events Australia wide (membership must be active at time of the event and proof must be provided) Time access to the platform can be compounded upon the purchase of multiple packages. The period of time that members are granted access to the platform is – Steward/dess – 7 days, Deck Crew – 30 days, First Mate – 90 days, Captain’s -180 days, Owner’s – 360 days.
Customers can access the platform after the time has expired, except they will not be able to utilise the discount services.
REFUNDS, RETURNS AND EXCHANGES
Your purchase of a membership to our rewards platform supports charitable and environmental orgainisations and enters you to win amazing giveaways. Memberships purchased during a giveaway are non-refundable.
Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law.
For major failures you are entitled to cancel your service contract with us; and a refund for the unused portion or compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods.
If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time.
If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service.
Refunds or rectifications cannot be given for reasons such as change of mind or failure to properly understand this promotional T&C or the “TYCA” platform T&C’s.
DISCLAIMER
By becoming a Member or Customer of “TYCA” the Participant agrees to enter the Competition and agrees to the following below:
DEFINITIONS AND INTERPRETATIONS
1. In this document, the following terms have the following meanings, unless the context otherwise requires:
1.1 “Agreement” means: these terms and conditions; any amendments subsequently made to these terms and conditions; any replacement or novation of this Agreement; terms and conditions incorporated into this Agreement by reference; and, any policies (including the Privacy Policy), Rules, terms, conditions, Competition Terms and Conditions, notices and disclaimers contained elsewhere on this Website or provided by “TYCA” in connection with the Services.
1.2 “Giveaway or Competition” means any challenge or contest posted on this Website, however expressed.
1.3 “Giveaway or Competition Information” means all Content provided in relation to a particular Competition, including the Competition Terms and Conditions.
1.4 “Giveaway or Competition Terms and Conditions” has the meaning given to that term in Clause 2.3.
1.5 “Competitor” means in relation to any Competition posted on this Website, a person, a team of persons and/or a corporate entity who submits or proposes to submit an Entry to the Competition.
1.6 “Content” means any information, files, text, code, material, images, data, sounds, graphics, software, photos, designs, software downloads, goods, services documents, layouts, applet, CGI interfaces, descriptions, illustrations, catalogues, advertisements, audio and video material or specifications contained in or referred to in this Website, obtained through or via this Website or available to be viewed by accessing any part of this Website (which may be out of date or superseded), whether it be obtained directly or indirectly, in any machine or human readable format. Without limiting the foregoing, ‘Content’ includes any Entry submitted through or via this Website.
1.7 “Entry” means an entry by a Competitor in response to a Competition.
1.8 “Entry Content” means any text, code, map, proposal, plan, materials, designs, documents, descriptions or specifications used, in whole or in part, directly or indirectly, in describing, drafting, developing, devising, calibrating, testing, evaluating, analyzing or generating an Entry, or which itself constitutes the whole or part of an Entry. The term “Entry Content” may include physical copies of the foregoing in addition to electronic copies.
1.9 “Intellectual Property Rights” means all intellectual property rights of any type whatsoever throughout the world including all rights which subsist in copyright, patent rights, or trademark rights, whether or not such rights are registered or capable of being registered.
1.10 “Judge” means any individual, organization or other entity represented on this website as responsible for the subjective assessment of Entry Content, either for the purposes of determining or informing the determination of any Prize(s) or designation(s) of Winner(s) in the Competition.
1.11 “Loss” means any direct, indirect, special, incidental or consequential liabilities, damages, claims, losses, costs, expenses, actions, demands or suits, whether in contract, tort (including negligence), statute or otherwise and whether pecuniary or non-pecuniary. This includes, but is not limited to, loss of profits, legal costs and defence or settlement costs.
1.12 “User” means any person who has registered a user account on this Website. The term “User” includes all Competitors and Competition Hosts.
1.13 “Posting” means any addition, insertion or uploading of content to this Website, as well as any submission or communication made through or via this Website. For the avoidance of doubt, this includes (in the case of a Competitor) all Entries and Entry Content posted by that Competitor.
1.14 “Privacy Policy” means “TYCA’s” privacy policies and notices posted on this Website, specific pages thereof, and/or provided By “TYCA” in connection with the Services.
1.15 “Prize” means any cash reward or other forms of recognition and/or benefit to declared or selected Winner(s), as set out in the Competition Terms and Conditions.
1.16 “TYCA” means The Yacht Club Australia, PTY LTD, an Australian proprietary limited company, (privately owned with limited liability) with a place of business at P.O. Box 4050, Shellharbour, NSW 2529, trading as “The Yacht Club Australia”.
1.17 “TYCA Affiliate” means an entity affiliated with “TYCA” by ownership or common ownership or any subsidiary of “TYCA”.
1.18 “Services” means the services provided by “TYCA” on or via this Website and includes all Competitions.
1.19 “Third Party Sites” means sites and resources located on servers maintained by others over whom “TYCA” has no control.
1.20 “User Account” means your online account with “TYCA” which enables You to use this Website and includes (but is not limited to) Your username, password, rating score and feedback.
1.21 “Website” means any web pages contained within this domain and any sub-domains and all underlying software and infrastructure which permits the holding of Competitions. Where the context permits, ‘website’ includes the Services provided on the Website.
1.22 “Winner” means, in relation to any Competition posted on this Website, the Competitor(s) who’s Entries are selected by TYCA as winner of the Prize. Competitors may disqualify their Entries from this selection by expressly informing “TYCA” of their decision within 48 hours after the close of the competition. Subject to the Competition Terms and Conditions, there can be more than one Winner in relation to any Competition.
1.23 “You” the person using the Website, including a User.
2. AGREEMENT TO BE BOUND
2.1 Use of this Website is subject to this Agreement. You agree to be bound by this Agreement and any subsequent amendments to this Agreement, as set forth below.
2.2 “TYCA” reserves the right to amend or modify this Agreement at any time, provided that if such modifications materially limit Your rights and/or expand Your obligations hereunder, “TYCA” will notify You electronically, such as by email or through the Website. Such material modifications will take effect on the earlier of the date You indicate Your assent (by clicking “Accept” or otherwise) or 30 calendar days after “TYCA”’s notice. No modification of the Agreement will apply to any dispute between You and “TYCA” that arose prior to the effective date of the modification. If at any time You disagree with the Agreement or any modifications thereof, You may terminate this Agreement and shall cease using this Website. Your continued use of the Website after the revised Agreement becomes effective (such as following notice as set forth above) indicates that You have read, understood, and agreed to the revised Agreement. Any new or different terms supplied by You are specifically rejected by “TYCA” unless “TYCA” agrees to them in a signed writing specifically including those new or different terms.
2.3 Particular Competitions may be subject to additional terms and conditions (“Competition Terms and Conditions”). Competition Terms and Conditions will apply in addition to this Agreement and will not limit this Agreement in any way unless “TYCA” notifies the parties to a Competition that this Agreement is amended by the Competition Terms and Conditions. If “TYCA” does not provide such notification to the parties, this Agreement will prevail in the event of any inconsistency between it and the Competition Terms and Conditions.
2.4 “TYCA” may alter this Website from time to time by adding or removing features. This Agreement will not be affected by any alterations to this Website.
2.5 Users may use this Website in the capacity of a Competitor. This Agreement will apply to Your use of the Website in this capacity.
3. PARTICIPATION
3.1 In order to participate as a Competitor in any Competition, You must register as a User. Participation on this Website is free.
3.2 Participation is available only to persons and entities who are able to form legally binding contracts under applicable law. If You do not accept this Agreement, You will not be permitted to host or participate in any Competition, or otherwise access or use the Website in any way.
3.3 Without limiting Clause 3.2 above, participation is not available to: Individuals under the age of 18 years; Persons whose participation has been permanently suspended or terminated under Section 4 below; or, Persons who are or reside in countries that are prohibited by law, regulation (including Australia or other applicable export laws and regulations), treaty or administrative act from entering into trade relations (including export of technology) with Australia or its citizens.
3.4 When registering as a User, You warrant to “TYCA” that: if You are an individual, You are 18 years of age or older and You are registering as a User on Your own behalf and in Your own name (and not on behalf of and/or in the name of a third person); if You are a corporation or other business entity, You are duly incorporated or organized under the laws of the place of Your incorporation or organization and have full legal capacity and power to enter into and perform Your obligations under this Agreement; and You agree to act in good faith and in accordance with this Agreement.
3.5 No individual or entity may register more than once (for example, by using a different username/email) although a User will be able to participate on this Website as a Competition Host and/or a Competitor in more than one Competition.
3.6 Acceptance of registration is at the sole discretion of “TYCA”. If “TYCA” believes that any registration has been made in contravention of clauses 3.1, 3.2, 3.3, 3.4 or 3.5 above (or otherwise in breach of this Agreement), it may refuse to accept the registration.
3.7 You are responsible for all use of this Website made using Your User Account (and/or username/email or password) whether or not You are aware of that use or could reasonably have been aware of that use. You agree to notify “TYCA” immediately if You become aware of any unauthorized use of Your User Account.
3.8 Your User Account is personal to You and may not be sold, assigned or transferred to a third party. If You attempt to sell, assign or transfer Your User Account to a third party, “TYCA” may suspend or terminate Your participation at its sole discretion.
3.9 “TYCA” may communicate with You through the username/email that You provide at registration. You agree to notify “TYCA” within a reasonable time if there are any changes to Your details. If You fail to notify “TYCA” of any changes to Your details, You agree to waive any objection, claim, defence or recourse You might have had as a consequence of “TYCA” failing to communicate with You. If You change Your email address and fail to notify “TYCA” of the change, “TYCA” will be deemed to have communicated with You on the date on which it communicated with the email address most recently provided by You.
3.10 You warrant that any Content provided or posted by You (on registration or otherwise): is not false, inaccurate, misleading or fraudulent; does not infringe any third party’s Intellectual Property Rights or other rights arising at law or otherwise; is not obscene, defamatory, libelous, threatening or harassing; does not violate any applicable law; does not contain or describe pornography and is not otherwise harmful to persons under the age of 18 years; and will not create liability for “TYCA” or cause it to lose the services of its internet service providers or other suppliers (in whole or in part).
3.11 If “TYCA” believes that any Content contravenes Clause 3.10 (or any other provision of this Agreement), it may remove that Content and/or take any other steps as it deems necessary to protect itself or third parties against any Loss. To the maximum extent permitted by law, “TYCA” will not be liable for any Loss to any person arising from the removal of Content under this Section.
4. TERMINATING YOUR PARTICIPATION
4.1 Subject to Clause 4.2, You may terminate Your participation at any time and without cause by notifying “TYCA” through this Website.
4.2 If You terminate Your participation, this Agreement and any other applicable terms and conditions will continue to apply to any Postings made by You prior to giving the notice described in Clause 4.1 above.
4.3 “TYCA” may, in its absolute discretion, terminate or suspend Your participation at any time and without notice if it believes that: You have breached this Agreement or any other applicable terms and conditions; You have acted in a way which is unlawful, or which may create liability for You, “TYCA”, our Users, our internet service providers or any other supplier; “TYCA” is unable to verify any information provided by You; or other Users give negative feedback about You which “TYCA” determines in its absolute discretion is worthy of termination.
4.4 If “TYCA” terminates Your participation, “TYCA” may in its absolute discretion withdraw any Postings submitted or made by You. If “TYCA” terminates Your participation, “TYCA” may, at its sole discretion, immediately withdraw Your Entries, which will have no force and effect from the date on which Your participation was terminated.
4.5 Subject to Clause 4.4, if “TYCA” suspends Your participation, any entries or other Postings submitted or made by You will be suspended for the period in which Your participation is suspended.
4.6 If Your participation is terminated, either by You or by “TYCA”: You are no longer authorized to access this Website; all restrictions imposed on You, licenses granted by You and all indemnities, disclaimers and limitations of liability set out in this Agreement including clauses 8(Limitation of Liability) and 9 (Indemnities)) will survive, along with clauses 11 (Intellectual Property), 13 (Arbitration) and 15 (Miscellaneous).
5. USE OF WEBSITE
5.1 You must not use the Website to facilitate or participate in any illegal activity or engage in any activity which “TYCA”, in its absolute discretion, considers inappropriate. “TYCA” reserves the right to terminate or restrict Your access to this Website immediately and indefinitely if it suspects that You are engaging in any such behaviour or are in breach of any terms of this Agreement. You agree that You will only use Your User Account and this Website for the purposes of using the Services and for no other purpose. Without limiting the foregoing, in using Your User Account and accessing the Website, You agree not to:
use Your User Account in a fraudulent or illegal manner, or email or otherwise send any materials from Your User Account which are offensive, unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable;
use Your User Account to stalk or harass another person;
use Your User Account to impersonate any person in any way whatsoever;
use Your User Account to infringe the copyright, trademark, patent or other Intellectual Property Rights of any person or entity;
use Your User Account to send advertising, chain letters, junk mail, spam or any other type of unsolicited electronic communications;
use Your User Account to send or distribute any Content of any kind which contains a virus, spyware, malware or other harmful, disruptive or destructive component;
intentionally or negligently use Your User Account in a way that degrades performance of this Website to other persons;
manipulate, or attempt to manipulate, any Competition;
use Your User Account or any mechanism, software or other scripts in relation to the Website which could disrupt or interfere with the Website or any servers, software, hardware or equipment connected to or via the website;
restrict or inhibit any other User from using or enjoying the Website;
distribute any pornographic, extremist or racist material or any material which might otherwise be harmful to persons under the age of 18 years;
violate any applicable law relating to Your use of the website.
6. TERMS SPECIFIC TO COMPETITIORS
6.1 If You are registered as a Competitor, You agree and further acknowledge and agree that:
in making an Entry, to be bound by this Agreement and all Competition Information (including the Competition Terms and Conditions) relating to the Competition;
“TYCA” is not responsible for any Postings provided by other Users or for the accuracy of Content provided by other Users;
in the event that You have any dispute with another User, You release “TYCA” from all claims of any kind arising from that dispute;
an Entry will be deemed to have been lodged at the time that it is received by “TYCA”. You agree that neither “TYCA” is not responsible for any Entry not being received due to technical reasons or otherwise.
6.2 Judges are permitted to interact with Competitors to carry out due diligence as necessary to evaluate the proposals against the judging criteria. However, Judges shall not discuss potential investment in a project with any entrant until all of the Judges have submitted their reviews of that entrant.
6.3 “TYCA” reserves the right to conduct an administrative review of any Entry in order to screen for completeness and other Entry Content requirements (as described in the Competition Terms and Conditions) before distributing approved Entries.
6.4 “TYCA” will not be liable in any respect if a Competitor fails to perform its obligations under this Agreement or the Competition.
7. TAXES ON PRIZES
7.1 There will be No tax on any prize in Australia, but in any case, if possible, you will be responsible for any tax, levy, or other charge that may arise under any applicable law from the use of this website, including from the award of any Prize(s). You acknowledge that You will not be entitled to demand any additional payment by reason of any Prize(s) being subject to any tax, levy, or other charge in any jurisdiction.
8. LIMITATION OF LIABILITY
8.1 THIS WEBSITE AND SERVICES, AND ALL CONTENT ASSOCIATED THEREWITH, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, “TYCA” AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. “TYCA” DOES NOT WARRANT THAT THIS WEBSITE AND RELATED SERVICES AND THE CONTENT PROVIDED THROUGH IT, INCLUDING THE ENTRIES AND ASSOCIATED ENTRY CONTENT, TO BE AVAILABLE, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, SOFTWARE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THIS WEBSITE (INCLUDING THE SERVICES). THIS LIMITATION OF LIABILITY HOLDS EXCEPT AS OTHERWISE PROVIDED IN ANY OTHER SEPARATE AGREEMENT.
8.2 UNDER NO CIRCUMSTANCES WILL “TYCA” OR ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THIS WEBSITE, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, EVEN IF “TYCA” OR A “TYCA” AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Without limiting the generality of the foregoing, You agree that “TYCA” is not responsible for any Loss arising out of, or in any way connected with:
delay or inability to access or use this Website;
reliance on any Competition Information or other Content;
the transmission of any computer virus, however occurring;
any unauthorized access to, modification or alteration of Content;
any Content sent or received or not sent or received;
any transaction entered into through this Website;
any infringement of rights, including Intellectual Property Rights;
any threatening, defamatory, obscene, offensive, harmful, inappropriate or illegal Content or conduct of any party;
any Content sent by any third party using and/or included in this Website;
termination of Your participation; or
any delays, interruptions, inaccuracies, errors, omissions or cessation of services.
8.3 For the avoidance of doubt, You acknowledge that “TYCA” is a provider of an interactive computer service and not a publisher, and would rely on “safe harbour scheme,” the “Broadcasting Services Act 1992” or “Defamation Act 2005 (NSW)”, and therefore not responsible for any of the Users’ Postings. If, notwithstanding the provisions of this Clause 8.3, a court of competent jurisdiction holds “TYCA” liable in respect of any matters arising under or incidental to this Agreement, “TYCA’s” TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THIS WEBSITE OR RELATED SERVICES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) WILL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR USING THIS WEBSITE DURING THE 12 MONTHS PRECEDING YOUR CLAIM, OR, IF NO AMOUNT WAS PAID, SUCH LIABILITY WILL BE LIMITED TO $1,000.
8.4 You agree that “TYCA” and its third party providers will not be liable or responsible for any failure in, or delay to, the provision of the Services or in “TYCA” complying with its obligations under this Agreement where such failure or delay has arisen as a direct or indirect result of:
fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or industrial strike;
telecommunications failure, hardware failure or software failure;
the failure of any third party to fulfil any obligations to “TYCA”; or
any other circumstance or event which is or is not within the reasonable control of “TYCA”.
9. INDEMNITY
9.1 You agree to indemnify and hold “TYCA”, its owners, officers, employees, agents and suppliers, harmless from all claims and Losses (including legal fees) due to or arising out of or in connection with Your Postings, Competition, Competition Information and other Content (as applicable), Your use of this Website, or Your breach of this Agreement.
10. ACCESS TO THE SITE OUTSIDE OF AUSTRALIA
10.1 “TYCA” does not represent or warrant that the content on this Website complies with the laws of any country outside of Australia. If You access this Website from outside Australia, You do so at Your own risk.
11. INTELLECTUAL PROPERTY
11.1 You acknowledge that, as between the parties, “TYCA” is the owner of all Intellectual Property Rights in and to this Website (excluding Postings). You acknowledge that You have no Intellectual Property Rights in or to this Website except for a limited license to use as necessary to participate in a Competition or evaluate the possibility of such participation.
11.2 You acknowledge that all text, graphics, user interfaces, photographs, trademarks, logos and artwork, including the design, structure, selection, coordination, expression, ‘look and feel’ and arrangement of such Content, provided by “TYCA” or its licensors on this Website is owned or licensed by or to “TYCA” and is protected by applicable copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws. No such Content can be copied, publicly displayed, modified, sold, licensed or distributed in any way by You without “TYCA’s” prior written consent.
12. THIRD PARTY SITES
12.1 From time to time, “TYCA” may provide, or any Content may contain, links to Third Party Sites and resources (e.g., Youtube.com). You acknowledge that:
“TYCA” has no control over Third Party Sites and resources;
“TYCA” is not responsible for the availability of such external sites or resources; and
“TYCA” does not endorse and are not responsible for any content, advertising, products, services or other materials on or available from such sites or resources.
12.2 You acknowledge and agree that “TYCA” will not be responsible or liable, directly or indirectly, for any Loss caused or alleged to be caused by or in connection with Your use of or reliance on any Content or material available on or through any Third Party Sites or resource.
12.3 You acknowledge and agree that the trade promotion is not endorsed, sponsored or administered by, or associated with facebook, Instagram, or any other social media website.
12.4 You acknowledge and agree to the release of liability for facebook, Instagram, or any other social media, and that each entrant or participant/s is releasing information to “TYCA” and not facebook, Instagram or any of the third party social media website.
13. ARBITRATION
13.1 In the interest of resolving disputes between You and “TYCA” in the most expedient and cost effective manner, You and “TYCA” agree that any and all disputes arising in connection with this Agreement shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, You and “TYCA” are each waiving the right to a trial by jury or to participate in a class action.
13.2 Exceptions. Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, (iv) to file suit in a court of law to address intellectual property infringement claims.
13.3 Any arbitration between You and “TYCA” will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes.
13.4 A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for You, by electronic mail (“Notice”). “TYCA’s” address for Notice is: P.O. Box 4050, Shellharbour NSW, 2529 or
contact@theyachtclubaustralia.com.au The Notice must (a) describe the nature and basis of the claim or dispute; and, (b) set forth the specific relief sought. We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 calendar days after the Notice is received, You or “TYCA” may commence arbitration proceedings.
13.5 Any arbitration hearings will take place at a location to be agreed upon, provided that if the claim is for $10,000 or less, You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 calendar days of the arbitrator’s ruling on the merits.
13.6 YOU AND “TYCA” AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and “TYCA” agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
13.7 If only Clause 13.6 is found to be unenforceable, then the entirety of this Section 13 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 15 shall govern any action arising out of or related to the Agreement.
14. COPYRIGHT ACT 1968
14.1 If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Copyright Act 1968 by providing “TYCA’s” copyright agent (the “Copyright Agent”) with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
14.2 “TYCA’s” designated Copyright Agent to receive notifications of claimed infringement is Copyright Agent, “TYCA”, P.O. Box 2529, Shellharbour NSW 2529. Email:
contact@theyachtclubaustralia.com.au You acknowledge that if you fail to comply with all of the requirements of this Section 14, your DMCA notice may not be valid.
14.3 If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction mentioned in 15.3 of this agreement and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
14.4 If a counter-notice is received by the Copyright Agent, “TYCA” may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at “TYCA’s” sole discretion.
15. MISCELLANIOUS
15.1 As defined in Clause 1.1, this Agreement is the entire agreement between You and “TYCA” relating to the subject matter herein, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between You and “TYCA” with respect to said subject matter. This Agreement shall not be modified except in a writing signed by both parties, or by a change made as provided in Clause 2.2. If any provision of this Agreement is invalid or unenforceable, such invalidity or unenforceability will not affect the remainder of this Agreement, which is severable from said provision and will remain in full force and effect.
15.2 If You breach any provision of this Agreement and “TYCA” has knowledge (either actual or constructive) of that breach, a failure to pursue legal action or to enforce any remedy against You will not constitute a waiver of its legal rights. Any waiver of rights under this Agreement must be in writing and signed by “TYCA”.
15.3 All matters relating to this Website and this Agreement are governed by and are to be construed according to the laws applicable in Australia (without regard to any rules governing choice of law). If one or more of the exceptions from arbitration expressly set forth in Section 13 above apply, You agree unconditionally to submit to the exclusive jurisdiction of the courts in Wollongong, NSW, (or closest nearby to Wollongong) Australia in relation to all matters arising out of or in any way connected with this Agreement or this Website.
15.4 “TYCA” may assign its rights and novate or transfer obligations which arise under this Agreement. You must not assign, novate or otherwise transfer Your rights or obligations under this Agreement without the prior written consent of “TYCA”. Any assignment attempted in violation of this Clause 15.4 shall be void.
15.5 The parties agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or part of it.
15.6 Unless otherwise requested in writing by You, “TYCA” may refer to You and Your corporate identity (if applicable) as part of promoting this Website and “TYCA” in the marketplace.
15.7 “TYCA” accepts content uploaded from Users in good faith and on the basis of warranties provided by Users. It is Your responsibility at all times to investigate and become satisfied as to the accuracy of the information provided by any other party (including all Users) on this Website. “TYCA” at no time makes any representations as to the accuracy of any information provided on this Website.
15.8 You acknowledge and agree that to the extent that this Agreement relates to a Competition, a prospective Competition or any Posting, this Agreement is intended to be for the benefit of the Competitors and other Users, who are entitled to enforce the provisions of this Agreement against You.
15.9 All notices, requests, demands, consents, approvals, offers, agreements or other communications given by You to “TYCA” must be emailed to “TYCA” at
contact@theyachtclubaustralia.com.au 15.10 In the interpretation of this Agreement, unless the contrary intention appears:
the words ‘includes’ or ‘including’ mean ‘includes without limitation’ or ‘including without limitation’;
a reference to a ‘person’ or ‘entity’ includes a reference to an individual, group of individuals, corporation, firm, association or other entity;
the singular includes the plural and vice versa;
an agreement, representation or warranty made by two or more persons is made by them jointly and by each of them severally; and headings are inserted for convenience only and do not affect the interpretation of this Agreement.
Sincerely,
The Yacht Club Australia Team
Australian Competitions Club
