These terms and conditions outline the terms of the contract between Kincade Boats (we, us or Kincade Boats) and each Owner (you) who creates a listing for a boat on the website www.kincadeboats.com.au
Kincade Boats can update these terms and conditions at any time without notice to you, but any listings created following an update will occur under the updated terms.
Kincade Boats will make available a platform capable of facilitating communication and payment transactions between Members.
Kincade Boat will:
You must:
Kincade Boats operates an online marketplace designed to facilitate the listing and booking of Boats that are suitably registered and made available for hire. Your listings can be viewed by the general public. However, if a person wants to hire a boat or create a listing they must first register and create a profile with Kincade Boats.
By signing up as an Owner on Kincade Boats and creating a listing, you represent that you are either the owner of the Boat being listed, or the duly appointed agent of the owner with authority to take this action.
As an Owner, you may have two active Kincade Boats Accounts – one active as an Owner and one active as a Rental customer. You agree to provide and maintain accurate, current and complete information. Kincade Boats reserves the right to suspend or remove your Kincade Boats Account/s if you create more than two Accounts or if any information provided during the registration process or thereafter is deemed to be false, misleading or out dated.
You are responsible for safeguarding your password. Kincade Boats is not responsible for any fraudulent or suspicious activity on your account. You agree that you will contact Kincade Boats if you observe or witness any unauthorized activity on your account. Kincade Boats accounts are non-transferable. Members are liable for all losses they may incur when lost or stolen payment credentials or accounts are used to purchase products or services.
As an Owner, you can create listings advertising your Boat for rent. To do so you will need to complete the listing process which requires information related to commercial registration, equipment on the vessel, vessel specifications and photos, optional extras available for hire, calendar availability, financial information including listing price, deposit value and bank account details for where you’d like to receive payments etc. Once all this information is entered a listing will automatically be created.
You acknowledge and agree that you are responsible for any and all listings you post. Accordingly, you represent and warrant that any listing you create and any rental you accept:
Kincade Boats reserves the right, at any time and without prior notice, but without obligation to do so, to remove or suspend access to any Listing for any reason, in its sole discretion, including Listings that Kincade Boats considers to be objectionable, in violation of these Terms or otherwise harmful to the website or our services.
You understand and agree that Kincade Boats does not act as an insurer or as a contracting agent for you as an Owner. Agreements made for hiring a Boat are between the You and the Renter.
Kincade Boats make certain tools available – including a star rating system to both Owners and Renters -to assist with making informed decisions about whether or not to engage in transactions based on the previous experience of other members.
Kincade Boats provides a marketplace and platform where you can engage with Renters for your Boat. You have full discretion in relation to accepting a Renter for your Boat. You should make your own enquiries in relation to each rental query and to the extent you believe necessary, impose conditions suitable to that situation on the rental.
Consequently, Kincade Boats takes no responsibility in relation to the actions of Renter or the outcome of the Rental for your Boat.
By listing a Boat you appoint Kincade Boats as your limited agent solely for the purpose of issuing invoices and collecting payments made by Renters.
You acknowledge and accept that the rental and other prices listed by you are inclusive of the Kincade Boats Service Fees. You accept and agree that the payment system used by Kincade Boats will only pay you the Boat Fee and will deduct any fees due to Kincade Boats.
You agree that as the payment agent, Kincade Boats will accept Rental Fees on your behalf.
You agree that Kincade Boats may, in accordance with the Cancellation Policy permit the Renter to cancel the booking. You will pay the Administration Fee (or equivalent) to Kincade Boats as set out in the Cancellation Policy if you are responsible for the cancellation.
You are responsible for your Listings and any content related to it. By providing information or content, you warrant that:
If you upload content when making a Listing, or engaging with the Website, you grant Kincade Boats an unrestricted, perpetual and irrevocable royalty-free right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content.
This website is provided “as is” without any representations or warranties, express or implied. Kincade Boats makes no representations or warranties in relation to this website or the information and materials provided. Kincade Boats does not warrant that:
and to the extent permitted by law, disclaims all liability for loss and damage which you may suffer related to or in connection with the website.