Terms & Conditions

[Last update: 10th May 2025]

These Terms and Conditions ("Terms") govern your use of Marina Match, also known as MarinaMatch.org, owned and operated by Marina Match Pty Ltd ("we," "us," or "our"). These Terms apply across all access points to our platform, including desktop, mobile, tablet, and application interfaces (the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms and all applicable laws and regulations.

1. Use of the Platform

1.1 The Platform provides a digital marketplace for marina owners and users to connect for the booking, rental, and sale of marine assets. You agree to use the Platform for lawful purposes only.

1.2 You must not use the Platform for any fraudulent, misleading, or unlawful activities or to harm or infringe upon the rights or use of others.

1.3 All Platform content is protected intellectual property. No part of the Platform may be copied, reproduced, modified, or redistributed without our prior written consent.

2. User Accounts

2.1 You must provide accurate and complete information when creating an account.

2.2 You are solely responsible for maintaining the confidentiality of your login credentials and for all activities under your account.

2.3 We may suspend or terminate any account that, in our sole discretion, violates these Terms or poses a risk to the Platform or its users.

3. Listings and Bookings

3.1 Marina owners may create listings with information including availability, amenities, and pricing.

3.2 Marina users may book based on the listing's availability and terms. All transactions and interactions are solely between the listing party and the booking party.

3.3 We do not verify, endorse, or guarantee any listing, and are not liable for inaccuracies, misrepresentations, or omissions in user-submitted content.

3.4 All listings must reflect the accurate, full cash price inclusive of GST. Misleading listings may be edited or removed by us without notice or refund.

3.5 Listings cannot be repurposed to advertise alternate products without written permission. Unauthorized changes may lead to suspension or permanent removal.

3.6 A listing fee of AUD 55.00 applies to each sales listing. A platform service fee of 2.2% is charged for each rental transaction. Fees are subject to change without notice. All fees are non-refundable unless a proven system error occurs.

4. Payments

4.1 Payment processing is managed by third-party providers. Users agree to their terms and acknowledge our lack of liability for disputes, delays, or reversals.

4.2 Payment for rentals is processed upon user check-in. We are not responsible for delays due to external financial systems.

5. Insurance

5.1 Users are solely responsible for obtaining and maintaining their own insurance, including public liability insurance. We are not liable for any damages, injuries, or losses due to inadequate coverage.

6. Intellectual Property

6.1 All Platform content, including logos, images, text, code, and software, is the property of Marina Match or its licensors.

6.2 Users may not reproduce, distribute, or exploit Platform content without explicit permission.

7. Limitation of Liability

7.1 To the fullest extent permitted by law, Marina Match disclaims all liability for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages, including loss of profit, revenue, goodwill, use, data, or other intangible losses, whether incurred directly or indirectly, arising out of or in connection with:

(a) Your access to or use of or inability to access or use the Platform;
(b) Any conduct or content of any user or third party on the Platform;
(c) Any content obtained from the Platform;
(d) Unauthorized access, use, or alteration of your transmissions or content.

7.2 We provide the Platform and its content "as is" and make no warranties, express or implied, regarding the accuracy, completeness, or reliability of listings.

7.3 We do not own, control, or manage third-party listed properties and are not liable for their availability, legality, quality, or condition.

7.4 Users are solely responsible for conducting their own due diligence before entering into any agreement, booking, or transaction. We do not verify, oversee, or mediate any agreements between users.

7.5 Any claims, losses, damages, disputes, or liabilities—including property damage, personal injury, or financial losses—arising from any interaction, transaction, or relationship between marina hosts and guests must be resolved directly between those parties. Marina Match is not and shall not be considered a party to such disputes and assumes no responsibility or liability in connection therewith.

7.6 We shall not be liable for any damage or loss caused by 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.

7.7 If you access or use our Platform from outside of Australia, you do so at your own risk and are responsible for compliance with local laws. You agree that Marina Match shall not be liable for any claims, damages, or liabilities under the laws of any jurisdiction other than New South Wales, Australia.

8. Privacy

8.1 Personal information is collected and handled per our Privacy Policy located at www.marinamatch.org/privacy.

8.2 By using the Platform, you consent to our data practices and acknowledge that your data may be processed and stored outside Australia.

9. Security and System Integrity

9.1 You must not tamper with the Platform, introduce malicious code, or attempt unauthorized access.

9.2 We accept no responsibility for loss or damage caused by technical threats or system breaches.

10. Communications

10.1 You agree to receive communications electronically. This includes legal notices, billing updates, and policy changes.

11. Notices

11.1 Notices must be sent to Marina Match Pty Ltd (ABN 14 668 624 977). We may send notices to you via the email or mailing address associated with your account.

12. Indemnity

12.1 You agree to fully indemnify, defend, and hold harmless Marina Match and its affiliates, officers, directors, employees, contractors, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to legal fees) arising out of or related to:

(a) Your use of and access to the Platform;
(b) Your violation of any term of these Terms;
(c) Your violation of any third-party right, including without limitation any intellectual property or privacy rights; or
(d) Any dispute or issue between you and any third party.

13. Amendments

13.1 These Terms may be modified at any time. Continued use of the Platform constitutes acceptance of revised Terms.

13.2 Users are responsible for reviewing updates. If you disagree with the changes, discontinue use of the Platform immediately.

14. Governing Law, Jurisdiction, and Dispute Resolution

14.1 These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict of law provisions.

14.2 Any disputes, claims, or legal proceedings arising out of or relating to these Terms, the Platform, or your use thereof, shall be exclusively subject to the jurisdiction of the courts of New South Wales, Australia.

14.3 You agree that any dispute resolution shall be conducted individually and not in a class, consolidated, or representative action.

14.4 If you access or use the Platform from outside Australia, you do so at your own initiative and are responsible for compliance with applicable local laws. Marina Match makes no representations or warranties that the Platform or its content is appropriate or available for use in other jurisdictions, and access thereto from territories where its contents are illegal is prohibited.

14.5 Before initiating any legal action, the parties shall first attempt to resolve any dispute arising out of or relating to these Terms through good faith negotiations. If the matter cannot be resolved within thirty (30) days, either party may refer the dispute to mediation in New South Wales, Australia, under the rules of the Australian Disputes Centre (ADC) or another recognized body. If mediation fails, the matter may then proceed to litigation in the courts of New South Wales.

15. Contact

15.1 For questions or legal notices, contact info@marinamatch.org or call 1300 Marina.

By using the Platform, you acknowledge and agree to all the provisions contained herein and consent to be legally bound by them.