Terms of Use

The Terms and Conditions below form an agreement between Boat Wise Sydney and the client and the submission of an enrolment form together with an attendance at our training course or any subsequent training courses is regarded as an acceptance of these Terms and Conditions. Boat Wise Sydney’s goal is to deliver the highest quality boat training and skippering to our clients.

1. The client (“You”) is considered to be the skipper of the vessel at all times and is responsible for the vessel, supplying all fuel for it and ensuring that it is fully insured, seaworthy and that the required safety equipment is on board.
2. The vessel must be seaworthy and functional on the day of tuition and, in the event that it is not so, or should mechanical failure or other issues with the vessel arise rendering it inoperative such that tuition cannot proceed at the scheduled time, you must notify Boat Wise not less than 48 hours prior to the due time of commencement of tuition, failing which the cost of tuition will be forfeited. Notwithstanding that and that our policy that no refunds of fees paid by you will be given under any circumstances, tuition may be rescheduled with the consent of Boat Wise whose consent shall not be withheld unreasonably.
3. If any accidents or incidents occur on the vessel during training, any claim is to be made against the insurance which you have effected for the vessel.
4. Neither Boat Wise Sydney nor any of its representatives shall be liable for any incidents or accidents on the vessel.
5. You must have in place comprehensive marine insurance which covers all aspects of normal marine insurance for the area in which you are expecting to operate.
6. Boat Wise Sydney will use our best endeavours to ensure you achieve the qualifications for which you have enrolled, but no guarantee is offered to that effect.

7. You agree to comply with Boat Wise Sydney’s operating procedures at all times.
8. Boat Wise Sydney excludes liability for death or physical or mental injury to you caused or arising from or in connection with the delivery of our services to you.

9. You indemnify Boat Wise Sydney against all claims and liabilities arising from the death or physical or mental injury to you howsoever caused arising from or in connection with the delivery of our services under our agreement with you.
10. You acknowledge and accept that boating activities carry inherent risks such as those arising from physical exhaustion, slips and falls, adverse weather conditions, equipment failure and remoteness from medical services.
11. You indemnify Boat Wise Sydney, our staff, agents and contractors from all claims made or threatened against us arising out of or resulting from any accident, damage or injury occurring on board, caused by you or your invitees or visitors or arising out of or resulting from your breach of our agreement with you.
12. If any property is destroyed or damaged, we are not liable to pay for this under any circumstances.

Please read this Terms of Service (“Terms,” “Terms of Service”) carefully before using the https://boatwise.com.au/ website (the “Website”) operated by Boat Wise, a(n) Company formed in New South Wales (“us,” “we,” “our”) as this Terms of Service contains important information regarding limitations of our liability. Our Australian Business Number is 83 644 502 116. Our Australian Company Number is 644 502 116. Our address is P.O Box 220, Rozelle NSW 2039. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

Our offers and pricing

We offer services on this Website. The price of these services can be found listed on the Website. This price includes all applicable taxes, duties, levies, fees, and additional charges.

Purchases

When you make a purchase on the Website, you will be using a third party payment processor, Stripe, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by Stripe. The following payment method(s) are accepted by the third party payment processor: American Express, MasterCard, and Visa.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.

Cancellation policy

We offer cancellations on purchases made of the services offered on our Website. We offer cancellations only prior to performance of the service. You may cancel your order by contacting us. If you cancel your purchase, you will be charged a cancellation fee. The cancellation fee shall be as follows: Outlined as per our Refund Policy (https://www.boatwise.com.au/refund_policy/). We will issue you a partial refund of the purchase price that you paid if you cancel your purchase.

We reserve the right to cancel your purchase prior to performance of the service. We will not provide you with any notice prior to cancelling your purchase.

We will issue you a refund of the full purchase price that you paid if we cancel your purchase.

Refund policy

We offer refunds on purchases made of the services offered on our Website. To qualify for a refund, you must submit your request to us within 7 days of your purchase date by contacting us. We offer refunds on any purchases made of the services offered on our Website for any reason.

Warranty on purchases and remedies

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your service contract with us; and
• to a refund for the unused portion, or to 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 and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Accounts

When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us.

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

1. Impersonating or attempting to impersonate Boat Wise or its employees, representatives, subsidiaries or divisions;
2. Misrepresenting your identity or affiliation with any person or entity;
3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
11. Otherwise attempting to interfere with the proper working of the Website;
12. Using the Website in any way that violates any applicable state, territory, or country laws, rules or regulations.

No warranty on Website

This Website is provided “as is,” No warranty, express or implied (including any implied warranty of acceptable quality, fitness for a particular purpose or desired result, conformity to description, undisturbed possession, undisclosed securities, clear title and performance with due care and skill) shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

Availability, errors and inaccuracies

To the extent permitted by law, we assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. If you determine that there is an error on this Website, or any invoices or purchase orders sent to you by us, please inform us immediately using the contact information below. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

Damages and limitation of liability

To the extent of the law, in no event shall Boat Wise be liable for any direct, indirect, punitive, incidental, special or consequential damages or losses arising out of, relating to or in any way connected with your access to, display of or use of this Website or with the delay or inability to access, display or use this Website, including but not limited to your reliance upon opinions or information appearing on this Website; any computer viruses, information, software, or linked websites operated by third parties, whether based on a theory of contract, tort, strict liability, consumer protection statutes or otherwise, even if Boat Wise has been advised of the possibility of such damages. IF, DESPITE THE LIMITATION ABOVE, Boat Wise IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF Boat Wise WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO Boat Wise IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS Website. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF Boat Wise.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2024 – 2025 Boat Wise or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Boat Wise and are either registered trademarks, trademarks or otherwise protected intellectual property of Boat Wise or third parties in Australia and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Tristian Mooney at [email protected].

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
3. Your name, email, address and telephone number; and
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Boat Wise
Tristian Mooney
[email protected]
0481 877 912
P.O Box 220, Rozelle NSW 2039
Australia

Governing law, severability, dispute resolution and venue

These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of laws provisions. These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Australia.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.

Questions

If you have any questions about our Terms of Service, please contact us at [email protected].