Terms & Conditions

These Terms and Conditions (Terms) govern your access to and use of the Marina Match website, platform, marketplace, booking tools, listing tools, communication tools, payment facilitation tools and related services available at marinamatch.org/au and any associated Marina Match platform, application or service (Platform).

By accessing, browsing, registering for, listing on, booking through or otherwise using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Platform.

These Terms are intended to operate under Australian law and are subject to the Australian Consumer Law and other laws that cannot be excluded, restricted or modified.

Definitions
In these Terms:

ACL means the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Booking Party means a user who searches for, enquires about, requests, books, rents, licenses, purchases or otherwise obtains access to a Listing or Listed Space through or in connection with the Platform.

Content means any text, images, photographs, videos, listing descriptions, prices, availability information, dimensions, specifications, reviews, messages, communications, data, documents or other material uploaded, submitted, published or transmitted through the Platform.

Listing means any listing, advertisement, offer, invitation, profile, description or availability information published or made available through the Platform in relation to a Listed Space or Related Arrangement.

Listed Space means any marina berth, jetty, mooring, pontoon, boat storage space, vessel, trailer space, hardstand space, marine asset, marine equipment or other asset, space or facility listed or made available by a user through the Platform.

Listing Party means a user who publishes, offers, lists or makes available a Listing or Listed Space through or in connection with the Platform.

Listing Policy means any policy a Listing Party has in relation to its Listed Space which is communicated to a Booking Party and forms part of the booking terms and conditions between the Listing Party and Booking Party.

Marina Match, we, us or our means Marina Match Pty Ltd ABN 14 668 624 977.

Platform Fees means any fees, commissions, service fees, subscription fees, listing fees, booking fees, payment processing fees or other charges payable to Marina Match in connection with the Platform.

Related Arrangement means any enquiry, booking, rental, licence, sale, access arrangement, storage arrangement, marina arrangement, mooring arrangement, berthing arrangement, payment, refund, cancellation, dispute or other transaction or interaction between users.

User, you or your means any person who accesses or uses the Platform, including a Listing Party or Booking Party.
Marina Match’s Role
1. Marina Match provides an online platform that enables users to publish, search for, enquire about and connect with other users in relation to Listings, Listed Spaces and Related Arrangements.
2. Marina Match is a marketplace and technology platform only. Marina Match does not own, operate, manage, control, inspect, supervise, verify, endorse, certify, supply or provide any Listed Space or Related Arrangement. The Platform is not a recommendation or endorsement of any Listed Space or Related Arrangement.
3. Marina Match is not a marina operator, boat operator, vessel owner, property manager, broker, real estate agent, travel agent, insurer, bailee, carrier, storage provider, safety certifier, surveyor, marine consultant, legal adviser, tax adviser or agent of any user. No provision of these Terms, no use of the Platform, and no communication, booking tool, payment tool, verification process, badge, review or support function creates any agency, partnership, employment, fiduciary or other representative relationship between Marina Match and any user.
4. Any agreement, booking, rental, licence, sale, access arrangement, storage arrangement, berthing arrangement, mooring arrangement, payment, cancellation, refund, damage claim or other transaction in relation to a Listing, Listed Space or Related Arrangement is entered into directly between the relevant Listing Party and Booking Party. Marina Match is not a party to that agreement or transaction and is not responsible for any user’s performance, non-performance, acts, omissions, representations, warranties, negligence, breach, default, payment obligations, access obligations, refund obligations, damage, loss or dispute, except to the extent caused by Marina Match’s own breach of these Terms, negligence, fraud, wilful misconduct or breach of applicable law.
5. Marina Match may provide tools to facilitate Listings, enquiries, communications, bookings, payments, reviews, cancellations, refunds, dispute communications, identity checks, support or other platform functionality. Marina Match is not a party to any transaction between users, nor is Marina Match responsible for any user, Listing, Listed Space or Related Arrangement.
6. Marina Match may display, reproduce, format or transmit information supplied by users or third-party service providers. Marina Match does not independently verify that information and, to the maximum extent permitted by law, is not responsible for its accuracy, completeness, currency, legality, safety or suitability. Marina Match may correct, remove, suspend or restrict access to information where it reasonably considers that the information may be inaccurate, misleading, unlawful, unsafe, inappropriate or inconsistent with these Terms. Nothing in this clause excludes, restricts or modifies any right or remedy that cannot be excluded under the ACL.
Eligibility and Accounts
1. When setting up and using a Marina Match Account, you represent and warrant that you:
  - are at least 18 years old and have legal capacity to enter into these Terms;
  - will provide accurate, complete and current information when creating an account or using the Platform;
  - will maintain strict confidentiality and security of your login details and are responsible for all activity that occurs under your account.
2. You must notify Marina Match promptly if you become aware of any unauthorised use of your account or any security breach.
3. Marina Match may refuse registration, suspend access, close an account or restrict use of the Platform where Marina Match reasonably considers that a user has breached these Terms, created a safety, legal, fraud, security, reputational or operational risk, or used the Platform in a way that is unlawful, misleading, harmful or inconsistent with the purpose of the Platform.
4. If you access or use our Platform from outside of Australia, you do so at your own risk and are responsible for compliance with applicable local laws.
Listing Party Obligations
1. If you are a Listing Party, you are solely responsible for each Listing and Listed Space you make available through the Platform.
2. You represent and warrant that:
  - you have the legal right, authority, consents, licences, permits and approvals required to list, rent, license, sell or otherwise make available the relevant Listed Space;
  - your Listing is accurate, complete, current and not misleading or deceptive;
  - all descriptions, photographs, availability, pricing, dimensions, draft, depth, access information, facilities, utilities, restrictions, exclusions, rules, safety information and other information in your Listing are accurate and complete in all material respects;
  - the Listed Space is lawful, safe, accessible and suitable for the purpose represented in the Listing;
  - you will comply with all applicable laws, regulations, by-laws, marina rules, harbour authority requirements, waterway rules, planning requirements, environmental laws, safety obligations, tax obligations and insurance obligations;
  - you will not list any asset, space, facility, vessel, berth, jetty or mooring that you are not authorised to list or make available; and
  - your Listing and conduct will not infringe any third-party rights, including property rights, contractual rights, intellectual property rights, privacy rights or consumer rights.
3. You are responsible for managing all aspects of your Listing and Related Arrangement, including access, handover, keys, security, facilities, utilities, safety, suitability, cancellation, refunds, damage claims, incident management, taxes, insurance and disputes.
4. You must promptly update or remove a Listing if any information becomes inaccurate, incomplete, unavailable, misleading or no longer current.
5. You must not impose any terms on a Booking Party that are inconsistent with these Terms, unlawful, misleading, unfair, unsafe or not clearly disclosed before the Booking Party commits to the transaction.
6. You may provide your Listing Policy to us to include with information supplied to the Booking Party. Alternatively if not provided, you are responsible for ensuring that the Booking Party agrees to your Listing Policy prior to their use of your Listed Space.
Booking Party Obligations and Assumption of Risk
1. If you are a Booking Party, you are solely responsible for making your own enquiries and satisfying yourself that any Listing, Listed Space or Related Arrangement is suitable for your intended use. This includes checking, where relevant, dimensions, beam, length, draft, depth, tide, water levels, access restrictions, marina rules, berthing requirements, insurance requirements, security, facilities, utilities, weather exposure, navigation conditions, local laws, permits, safety risks and any special conditions imposed by the Listing Party.
2. You acknowledge that boating, berthing, mooring, storage, marina access and marine activities involve inherent risks, including risk of property damage, vessel damage, personal injury, death, weather events, theft, collision, sinking, pollution, fire, access issues, navigation issues, water movement, third-party conduct and environmental events.
3. To the maximum extent permitted by law, you voluntarily assume the risks associated with your use of any Listing, Listed Space or Related Arrangement, except to the extent those risks arise from Marina Match’s own breach of these Terms, negligence or breach of applicable laws.
4. You must comply with all applicable laws, regulations, marina rules, waterway rules, safety directions, environmental requirements, access conditions and reasonable instructions of the Listing Party in connection with any Related Arrangement, including where supplied to you via the Platform any Listing Policy for the Listed Space, or as communicated by the Listing Party and accepted by you prior to your use of the Listed Space.
Listings, Accuracy and Verification
1. Marina Match does not verify, endorse, certify, warrant or guarantee any Listing, Listed Space, user, ownership, authority, availability, legality, safety, quality, condition, suitability, price, representation or Related Arrangement.
2. Marina Match may, from time to time, allow, request or require users to provide identity, ownership, authority, payment, listing, insurance or other information. Marina Match may also use third-party verification tools or conduct checks for platform administration, fraud prevention, trust and safety, compliance or operational purposes.
3. Any verification, check, badge, label or other process does not constitute an endorsement, certification, warranty or guarantee by Marina Match of any user, Listing, Listed Space, ownership, authority, safety, legality, suitability, condition or transaction. Users remain solely responsible for making their own enquiries and verifying all matters relevant to any proposed transaction.
4. Marina Match may determine how Listings, search results, categories, filters, badges, reviews and other Platform content are displayed, ranked, moderated or removed. Marina Match does not guarantee any Listing position, ranking, visibility, enquiry volume, booking volume or commercial outcome.
Bookings and User Transactions
1. A booking, rental, licence, sale, access arrangement or other transaction is formed only between the relevant Listing Party and Booking Party.
2. Marina Match may provide functionality to allow users to request, accept, decline, amend, cancel or manage bookings or other transactions. Use of that functionality does not make Marina Match a party to the transaction.
3. The Listing Party is solely responsible for setting the terms of its Listing, including availability, pricing, inclusions, exclusions, conditions, cancellation terms, refund terms and access requirements, provided those terms comply with these Terms and applicable law.
4. The Booking Party is responsible for reviewing and accepting the Listing Party’s terms before committing to a booking or transaction.
5. Users must act honestly, reasonably and in good faith when making, accepting, performing, cancelling or disputing any Related Arrangement.
Fees, Pricing, GST and Payment
1. Marina Match may charge Platform Fees for use of the Platform. Platform Fees will be disclosed on the Platform or otherwise notified to you before they are charged.
2. Unless stated otherwise, amounts displayed on the Platform are in Australian dollars.
3. Listing Parties must clearly disclose all mandatory fees, charges, deposits, access charges, utilities, cleaning fees, service fees, taxes, GST and other amounts payable in connection with a Listing before the Booking Party commits to the transaction. A Listing must not advertise a headline price that excludes mandatory charges.
4. Each user is responsible for determining, collecting, reporting and remitting any GST, income tax, duties, levies, rates, marina charges or other taxes or government charges arising from their Listing, Listed Space, Content, payment or Related Arrangement. Marina Match does not provide tax advice and is not responsible for any user’s tax obligations.
5. Payment processing may be provided by third-party payment providers. Your use of payment processing services may be subject to the payment provider’s own terms, conditions and privacy practices.
6. Marina Match is not responsible for any loss, delay, refusal, chargeback, error, unauthorised transaction or failure caused by a third-party payment provider, except to the extent caused by Marina Match’s own breach of these Terms, negligence or breach of applicable laws. Marina Match may set off, deduct, withhold or recover amounts reasonably due and payable to it in connection with Platform Fees, chargebacks, reversals or payment provider charges, subject to applicable law.
7. Unless otherwise stated, Platform Fees are non-refundable once the relevant platform service has been provided, except where required by law or expressly stated in these Terms.
Cancellations, Refunds and Disputes between Users
1. Cancellation and refund terms for a Related Arrangement are determined by the relevant Listing Party, subject to applicable law and any mandatory Platform requirements disclosed at the time of booking.
2. Users must resolve any dispute, claim, complaint, refund request, cancellation issue, damage claim, access issue, payment dispute or other matter arising from a Listing, Listed Space or Related Arrangement directly with the other relevant user.
3. Marina Match may, but is not required to, provide information, communication tools, support or assistance to facilitate resolution of a dispute between users. If Marina Match provides dispute-related assistance, it does so for Platform-support purposes only. It does not become a party to the dispute, Listing, Listed Space or Related Arrangement and does not assume liability for any user’s conduct, obligations, representations or losses.
4. Marina Match may suspend, restrict or remove a Listing or account where a dispute, complaint, safety issue, fraud issue, legal issue or repeated poor user conduct creates a risk to Marina Match, users or the Platform.
Off-platform Dealings
1. You must not use the Platform to solicit, arrange, make or accept a booking, rental, licence, sale, payment or other transaction outside the Platform for the purpose of avoiding Marina Match fees, platform rules, payment processes, safety checks or other protections.
2. Marina Match is not responsible for, and has no liability in relation to, any off-platform communication, payment, arrangement or transaction, except to the extent caused by Marina Match’s own breach of these Terms, negligence or breach of law.
3. Marina Match may suspend or terminate an account if Marina Match reasonably considers that a user has used the Platform to circumvent Platform Fees or platform processes.
User Content
1. You are solely responsible for all Content you submit, upload, publish or make available through the Platform.
2. You warrant that your Content is accurate, complete, current, lawful, not misleading or deceptive, and does not infringe any third-party rights.
3. You must not upload, publish, transmit or make available any Content that is unlawful, misleading, deceptive, defamatory, offensive, discriminatory, obscene, abusive, threatening, fraudulent, unsafe, spam, malware, infringing or otherwise harmful.
4. By submitting Content to the Platform, you grant Marina Match a non-exclusive, worldwide, royalty-free licence to use, host, store, copy, reproduce, display, publish, modify, adapt, communicate and distribute that Content for the purposes of operating, improving, promoting and providing the Platform.
5. Marina Match may, but is not required to, review, edit, refuse, suspend or remove any Content if Marina Match reasonably considers that the Content may be inaccurate, misleading, unlawful, offensive, unsafe, inappropriate, non-compliant with these Terms, or harmful to Marina Match, users or the Platform.
Reviews and Ratings
1. Marina Match may allow users to submit reviews, ratings or feedback about users, Listings, Listed Spaces or Related Arrangements.
2. Reviews must be honest, accurate, based on genuine experience and not misleading, defamatory, abusive, discriminatory, retaliatory, incentivised without disclosure, or otherwise unlawful.
3. Marina Match may remove, moderate or restrict reviews where Marina Match reasonably considers that a review breaches these Terms, is unlawful, is not based on genuine experience, contains personal information, creates safety risks, or may mislead users.
4. Marina Match does not endorse or verify user reviews and is not responsible for user review content, except to the extent required by law.
Insurance
1. Users are solely responsible for obtaining and maintaining appropriate insurance for their own activities, Listed Spaces, vessels, property, liabilities and risks.
2. A Listing Party must ensure that it holds any insurance required by law, contract, marina rules or prudent commercial practice in relation to the Listed Space and Related Arrangement.
3. A Booking Party must ensure that it holds any insurance required for its vessel, property, activities and intended use of the Listed Space.
4. Marina Match does not provide insurance and does not warrant that any user, Listing, Listed Space or Related Arrangement is insured.
Safety, Incidents and Damage
1. Users must act safely, lawfully and responsibly when using the Platform and participating in any Related Arrangement.
2. Users must promptly notify the other relevant user of any accident, injury, death, property damage, vessel damage, theft, security incident, pollution incident, access issue or other material incident connected with a Related Arrangement.
3. Users are responsible for dealing directly with each other in relation to damage, loss, access, safety, incident management, repairs, clean-up, reporting, insurance and claims.
4. Marina Match may request information about an incident and may suspend or restrict a Listing or account while an incident, complaint or safety issue is being assessed. Marina Match is not required to investigate or resolve incidents between users.
Privacy and Personal Information Between Users
1. Marina Match handles personal information in accordance with its Privacy Policy.
2. Where you make or respond to an enquiry, Listing, booking or transaction request, you consent to Marina Match disclosing your personal information as is reasonably necessary to facilitate that interaction between you and the relevant user.
3. You must only use another user’s personal information for the purpose of communicating about, assessing, arranging, completing or managing a transaction through the Platform.
4. You must not use another user’s personal information for marketing, unsolicited communications, data scraping, profiling, sale, disclosure or any unrelated purpose without that user’s express consent.
5. You are responsible for protecting any personal information you receive through the Platform and for any misuse, unauthorised disclosure, loss or unlawful handling of that information.
Acceptable Use
You must not:

encourage, assist or enable any other person to do any of the above.
- use the Platform for any unlawful, fraudulent, misleading, deceptive, unsafe, harmful or abusive purpose;
- submit false, misleading, incomplete or inaccurate information;
- impersonate another person or misrepresent your identity, authority or affiliation;
- interfere with, tamper, introduce malicious code, disrupt, damage, reverse engineer, scrape, crawl, copy or misuse the Platform;
- use the Platform to send spam, unsolicited marketing, malware or harmful code;
- circumvent Platform Fees, payment systems, booking processes or platform restrictions;
- infringe any intellectual property, privacy, confidentiality, property, consumer or other rights of any person;
- use the Platform in a way that may damage Marina Match’s reputation, goodwill, systems, users or business;
- use automated assistants (including AI-powered agents) to access or use the Platform;
- use the Platform in breach of any applicable sanctions, anti-money laundering, counter-terrorism financing, anti-bribery, anti-corruption, proceeds of crime or trade control laws; or
Intellectual Property
1. Marina Match owns or licenses all intellectual property rights in the Platform, including software, design, layout, branding, logos, trade marks, text, graphics, functionality, databases and other platform materials.
2. You must not copy, reproduce, modify, adapt, distribute, communicate, publish, frame, scrape, crawl, reverse engineer or otherwise exploit any part of the Platform for any use, including commercial and non-commercial uses, except as permitted by these Terms or with Marina Match’s prior written consent. This prohibition extends to using any robot, spider, scraper, other automated means, or automated assistants or agents (including, but not limited to, those that operate by interacting with or otherwise making use of your browser or AI-powered agents) for any purpose without the prior, express written permission of Marina Match.
3. Nothing in these Terms transfers ownership of your Content to Marina Match other than to the extent of the licence granted in accordance with the terms set out in clause 11.4.
Third-Party Services and Links
1. The Platform may contain links to, integrate with or rely on third-party websites, services, tools, payment providers, map providers, identity verification providers, communication tools or other third-party services.
2. Marina Match does not control and is not responsible for third-party services, except to the extent required by law or caused by Marina Match’s own breach of these Terms, negligence or breach of law.
3. Your use of third-party services may be subject to separate terms, conditions, fees and privacy practices. Marina Match recommends you review the terms and conditions of third party providers as displayed on their websites.
Availability of the Platform
1. Marina Match will use reasonable efforts to make the Platform available, but does not guarantee that the Platform will be uninterrupted, error-free, secure or available at all times. Subject to clause 21.1, the Platform and Content are provided on an ‘as-is’, ‘as-available’ basis. Marina Match does not warrant the accuracy, completeness, currency or reliability of Listings or user Content.
2. Marina Match may suspend, restrict, modify or discontinue all or part of the Platform where reasonably required for maintenance, updates, security, legal compliance, operational reasons, fraud prevention, safety reasons or business reasons.
3. Marina Match is not responsible for any loss caused by:
  - Platform downtime, errors, interruptions or delays; or
  - viruses, malware, denial-of-service attacks, or other technologically harmful material that may affect your computer, software, data, or other proprietary material due to your use of the Platform,
4. except to the extent caused by Marina Match’s own breach of these Terms, negligence or breach of applicable laws.
Force Majeure
1. Marina Match is not liable for any failure or delay in performing any obligation under these Terms, or for any interruption, unavailability, delay, error, failure or reduction in functionality of the Platform, to the extent caused by an event or circumstance beyond Marina Match’s reasonable control. Such events include severe weather, flood, fire, storm, natural disaster, epidemic, pandemic, war, terrorism, civil unrest, industrial action, power failure, telecommunications failure, internet failure, hosting failure, cloud service outage, cyber-attack, denial-of-service attack, malware, payment provider failure, third-party service failure, government action, regulatory action, port closure, harbour closure, waterway restriction, emergency direction, accident, sinking, pollution event or any other event beyond Marina Match’s reasonable control.
2. During such an event, Marina Match’s obligations are suspended to the extent affected and for so long as the event continues. Marina Match may suspend, restrict, modify or discontinue affected Platform functionality where reasonably necessary.
3. Marina Match is not responsible for the effect of any such event on a Listing, Listed Space or Related Arrangement between users, including any access issue, cancellation, delay, loss, damage, refund dispute, port closure, marina closure, weather event, waterway restriction or third-party failure.
4. Nothing in this clause excludes, restricts or modifies any consumer guarantee, right, remedy or liability under the ACL or any other law that cannot lawfully be excluded, restricted or modified.
Australian Consumer Law and Limitation of Liability
1. If you are a consumer under the ACL, our services come with guarantees that cannot be excluded under the ACL. You may be entitled to remedies if we fail to comply with those guarantees. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability under the ACL or any other law that cannot lawfully be excluded, restricted or modified.
2. Subject to clause 21.1 and to the maximum extent permitted by law, Marina Match excludes all warranties, guarantees, representations and conditions, whether express, implied, statutory or otherwise, in relation to the Platform, Listings, user Content, Listed Spaces, Related Arrangements and third-party services.
3. Subject to clause 21.1 and to the maximum extent permitted by law, Marina Match is not liable for:
  - any Listed Space or Related Arrangement made available by a user;
  - the acts, omissions, errors, representations, warranties, negligence, breach, default or misconduct of any user or third party;
  - any personal injury, death, property damage, vessel damage, theft, loss, delay, cancellation, access issue, environmental incident, financial loss or dispute arising from a transaction or interaction between users;
  - the accuracy, completeness, legality, safety, quality, suitability, availability, insurance status or condition of any Listing or Listed Space;
  - any actual or attempted transaction, communication, booking, rental, licence, sale, payment, refund, cancellation or dispute between users;
  - any off-platform communication, payment, arrangement or transaction; or
  - any third-party service, including any payment provider, identity verification provider, mapping provider or linked website.
4. For the avoidance of doubt, and in accordance with the law, nothing in this clause 21.3 excludes or limits Marina Match’s liability for death or personal injury caused by Marina Match’s negligence.
5. Without limiting clause 21.3, and subject to clause 21.1 and to the maximum extent permitted by law, Marina Match is not liable for any indirect, consequential, special, punitive or exemplary loss or damage, or for any loss of profit, revenue, bargain, opportunity, anticipated savings, goodwill, reputation, data or use, business interruption, vessel downtime, alternative berthing or storage costs, loss of charter or hire income, loss of marina access, loss of use of a vessel, or any loss arising from delay, cancellation, non-availability or interruption.
6. If Marina Match is found liable despite clauses 21.2, 21.3 or 21.4, then, subject to clause 21 and to the maximum extent permitted by law, Marina Match’s liability is limited to direct loss that is reasonably foreseeable, actually suffered, and directly caused by Marina Match’s own breach of these Terms, negligence or breach of law.
7. Where liability cannot be excluded but can be limited, Marina Match’s liability is limited, at Marina Match’s option, to supplying the relevant Platform services again or paying the cost of having the relevant Platform services supplied again.
8. Nothing in these Terms limits or excludes liability to the extent that liability cannot lawfully be limited or excluded.
Indemnity
1. You indemnify Marina Match against all reasonable and properly incurred loss, liability, cost, expense and claim suffered or incurred by Marina Match arising from:
  - your breach of these Terms;
  - your unlawful, negligent, fraudulent, misleading, reckless or wilful act or omission;
  - your Listing, Listed Space, Content, communication, transaction or interaction with another user;
  - your breach of any law, regulation, third-party right, privacy obligation, marina rule, safety obligation, tax obligation or insurance obligation;
  - any claim by another user or third party arising from your Listed Space, vessel, berth, jetty, mooring, marina space, service, conduct, Content or Related Arrangement; or
  - your misuse of another user’s personal information,
  - except to the extent the loss, liability, cost, expense or claim is caused by Marina Match’s fraud, wilful misconduct, breach of these Terms, negligence or breach of applicable laws.
2. Notwithstanding the above, if you are a Booking Party or Listing Party, your liability to Marina Match under clause 22.1 will be reduced proportionately to the extent that Marina Match’s fraud, wilful misconduct, breach of these Terms, negligence or breach of applicable laws contributed to the loss, liability, cost, expense or claim. Marina Match will also take reasonable steps to mitigate any loss the subject of an indemnity claim.
Suspension and Termination
1. Marina Match may suspend, restrict or terminate your access to the Platform if Marina Match reasonably considers that:
  - you have breached these Terms;
  - you have provided false, misleading or incomplete information;
  - you have engaged in fraud, misconduct, unsafe conduct, unlawful conduct or circumvention of Platform Fees;
  - your account, Listing, Listed Space, Content or conduct creates legal, safety, fraud, security, operational or reputational risk;
  - you have breached, or Marina Match reasonably suspects that you may breach, any sanctions, anti-money laundering, counter-terrorism financing, anti-bribery, anti-corruption, proceeds of crime or trade control law;
  - suspension or termination is required by law, a regulator, a payment provider or a competent authority; or
  - continued access would be harmful to Marina Match, users or the Platform.
2. Where reasonably practicable and appropriate, Marina Match will give you notice of suspension or termination and reasons for doing so. On most occasions you will have an opportunity to respond. Marina Match may act without prior notice, or any notice, where urgent action is reasonably required for safety, legal, fraud prevention, security or operational reasons, or where notice is prohibited by law.
3. You may stop using the Platform or close your account at any time, subject to completing any existing obligations to other users and paying any amounts due.
4. Termination or suspension does not affect rights and obligations that arose before termination or suspension.
Changes to these Terms, Platform Fees and the Platform
1. Marina Match may update these Terms from time to time. If a change materially affects your rights or obligations, Marina Match will take reasonable steps to notify you before the change takes effect, unless the change is required urgently for legal, security, technical, fraud-prevention, safety or operational reasons.
2. Changes will not retrospectively affect an existing confirmed booking unless required by law or expressly agreed by the affected users.
3. Marina Match may change Platform Fees from time to time. Any fee change will apply prospectively and will not apply to a confirmed booking unless the change was disclosed before the booking was confirmed or is required by law.
4. If you do not agree to a material change to these Terms, you may terminate your account and stop using the Platform before the change takes effect. Your continued use of the Platform after updated Terms take effect constitutes acceptance of the updated Terms.
Notices and Communications
1. Marina Match may give notices or communications by email, platform message, account notification, website notice or any other contact method you have provided.
2. You are responsible for ensuring that your contact details are accurate and current.
3. A notice is taken to be received when sent, unless the sender receives an automated delivery failure notice.
Governing Law and Disputes with Marina Match
1. These Terms are governed by the laws of New South Wales, Australia.
2. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth courts of Australia.
3. Unless urgent injunctive or interlocutory relief is required, before commencing any court or tribunal proceedings against Marina Match, you must first contact Marina Match and attempt to resolve the dispute in good faith. If the matter cannot be resolved within thirty (30) days, either party may refer the dispute to a mediator, agreed to by both parties. If the parties cannot agree on the mediator within 14 days, either party may refer the dispute to the Resolution Institute (ACN 008 651 232; Level 2, 13-15 Bridge Street, Sydney NSW 2000) (the Resolution Institute) for facilitation of mediation in accordance with the Resolution Institute’s Mediation Rules. The parties must co-operate with the Resolution Institute as facilitator. If a party has complied with this clause 26.3 and the relevant dispute is not resolved within fourteen (14) days of commencing mediation, that party may commence legal proceedings.
General
1. If any provision of these Terms is invalid, unlawful or unenforceable, that provision is to be read down to the extent necessary to make it valid, lawful and enforceable. If it cannot be read down, it is severed and the remaining provisions continue in force.
2. A failure or delay by Marina Match to exercise a right or remedy does not constitute a waiver of that right or remedy.
3. These Terms, together with the Privacy Policy and any terms expressly incorporated by reference, constitute the entire agreement between you and Marina Match in relation to your use of the Platform.
4. Clauses relating to Marina Match’s role, user obligations, Content, privacy, intellectual property, ACL, limitation of liability, indemnity, disputes and general provisions survive termination or expiry of these Terms.
5. If you have any questions about these Terms, please contact Marina Match at email: info@marinamatch.org, by post: 103 Wollar Rd, Budgee Budgee NSW 2850 or phone call: 1300 MARINA (1300 627462).