Terms & Condition

TERMS AND CONDITIONS OF USE - MIDDLE HARBOUR YACHT CLUB LTD WEBSITE

ACCESS TO THIS WEBSITE IS GRANTED BY MIDDLE HARBOUR YACHT CLUB LTD ("MHYC") SUBJECT TO THE FOLLOWING CONDITIONS. IF YOU DO NOT AGREE TO ANY OF THESE CONDITIONS, PLEASE DISCONTINUE YOUR ACCESS.

DISCLAIMER
The information and materials contained in this site and all sites linked to this site ("website"), including text, graphics, links or other items - are provided "As is", "As Available". Whilst MHYC endeavours to maintain the information on this site as accurate and complete as possible, MHYC does not warrant the accuracy, adequacy, reliability or completeness of this information and materials and expressly disclaims liability for errors or omissions in such information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.
MHYC does not make any representation, warranty or endorsement of any of the products, services or information provided in this website. All products and services sold shall be subject to our Terms and Conditions of Sale.
This disclaimer shall take effect to the fullest extent permitted by law.

COPYRIGHT NOTICE
The copyright in this website is owned by MHYC, its agents and/or professional advisors. No part of parts hereof may be reproduced, distributed, republished, displayed, broadcast, hyperlinked or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of MHYC or the copyright owner provided that permission is granted to download and print the materials on this website for personal, non-commercial use only provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials. You also may not, without MHYC's permission, "mirror" any material contained on this website on any other server.

TRADE MARKS
The trade marks, service marks, and logos (the "Trade Marks") used and displayed on this website are registered and unregistered Trade Marks of MHYC and others. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade Mark displayed on this website, without the written permission of MHYC or other Trade Mark owner. The name of MHYC or the MHYC logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this website, without prior written permission. MHYC prohibits use of the MHYC logo as a "hot" link to any MHYC site unless establishment of such a link is approved in advance by MHYC in writing.

EXCLUSION OF LIABILITY
MHYC shall in no event be liable for any damages, loss or expense including without limitation, direct, indirect, special, or consequential damage, or economic loss arising from or in connection with:

1. any access, use or the inability to access or use this website, or reliance on the contents of this website;
2. any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus;
3. any use of or access to any other website linked to this website; any product, service or information of any merchant or service provider,

even if MHYC or its agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement or verification of such websites and such websites should only be accessed at the user's own risks. This exclusion clause shall take effect to the fullest extent permitted by law.

YOUR TRANSMISSIONS
Any material, information or idea you transmit to or post on this website by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by MHYC or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. You are prohibited from posting or transmitting to or from this website any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

TERMS & CONDITIONS OF SALE
No Contract shall come into existence until the Customer's order has been accepted by MHYC and such acceptance has been received by the customer. The contract shall deemed to be concluded at the time and place where such acceptance is received by the Customer.

The products sold and/or services rendered are subject to the Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by the Terms and Conditions.

These Terms and Conditions are subject to the laws of Australia including without limitation the Trade Practices Act 1974 (the Act).

ORDERS, PRICE AND PAYMENT
The Currency for any transaction subject to these terms of sale shall be Australian Dollars ($AUD).

Unless credit terms have been expressly agreed by MHYC, payment for the products or services shall be made in full before physical delivery of products or services.

Customer shall pay for all shipping and handling charges, where they apply.

Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.

TITLE AND RISK
Title to and risk in the products shall pass to the Customer upon delivery of the products to Customer.

DELIVERY
MHYC shall deliver the products to the place of delivery designated by Customer and agreed to by MHYC ("Place of Delivery").

Any dates quoted by MHYC for the delivery of the products are approximate only and shall not form part of the Contract. MHYC shall not be liable for any delay in delivery of the products and/or services, howsoever caused.

MHYC may revise and/or discontinue Products at any time without notice.

ACCEPTANCE OF PRODUCTS
Unless the Customer notifies MHYC to the contrary on the day of delivery and such notification is confirmed in writing within two days, the Products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall not be entitled to withhold payment of all or any of the price of the Products whilst any claim is being investigated by MHYC.
Products purchased under these Terms and Conditions directly may be returned to MHYC by Customer up to fifteen (15) days from the date of the invoice for a replacement, refund or credit of the purchase price. The refund or credit will not include any shipping and handling charges forming part of the purchase price.

Event Fees and Services Purchased under these Terms and Condtions directly are non-refundable, and non-transferrable within seven (7) days of the Event Taking Place or the Service Being Rendered.

WARRANTY
While not affecting any non-excludable warranty or guarantee implied by law, MHYC does not give any warranty that the Products are fit for any particular purpose.

LIABILITY
MHYC shall not be liable in contract or in tort for any loss or damage suffered and consumers rights are limited to those set out in these Terms and Conditions and under statute. To the extent permitted by law, MHYC's total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.

The Customer shall indemnify MHYC and keep MHYC fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.

To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by MHYC shall be subject to correction without any liability on the part of MHYC.

Under the Act, where implied conditions and warranties cannot be excluded, MHYC's liability for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at MHYC's option, to :
(a) in the case of products, the replacement of the products or the supply of equivalent products; the repair of such products; the payment of the cost of replacing the products or of acquiring equivalent products; or the payment of the cost of having the products repaired; OR
(b) in the case of services, the supplying of services again; or the payment of the cost of having services supplied again.

FORCE MAJEURE
Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.

EXPORT RESTRICTIONS
The Customer agrees to abide by all applicable export control laws and regulations.

GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.

GENERAL
The Customer shall not be assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of MHYC. Any such unauthorized assignment shall be deemed null and void.

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

CONDITIONS OF ACCESS
MHYC may at any time revise these Conditions of Access by updating this version. By using this website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current version of the Conditions of Access to which you are bound.

FOR FURTHER INFORMATION
Please contact MHYC Reception or write to:

General Manager
Middle Harbour Yacht Club Ltd
Lower Parriwi Road The Spit Mosman NSW 2088
PO Box 106 Seaforth NSW 2072
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Telephone: (02) 9969 1244
Fax: (02) 9969 3326

Terms & Conditions Version 1.0
Dated 11 September 2009