Ultimate Berths is committed to respecting the privacy of customers and users of our websites. This policy has been developed because we want you to feel confident about the privacy and security of your personal information.
This privacy policy governs the manner in which Ultimate Berths – hereafter referred to as “The Company”, “Us” or “We” or just “Ultimate Berths” – uses, maintains and discloses information collected from customers and users of our websites (the “Data”). It does not apply to any other company or to any other company’s websites even if you access them through one of our websites. If you disclose your personal information to other companies your information will be dealt with according to their privacy practices.
Ultimate Berths takes all reasonable care to prevent any unauthorised access to your personal information.
We may request or collect personal information from online users in a variety of ways, including through online forms for ordering subscriptions and services, and other instances where users are invited to volunteer such information. “Personal information” in this privacy policy, means information, which identifies you as an individual, or is capable of doing so – for example, your name, address, telephone number, email address, date of birth and billing information.
We may also collect information on how users interact with our websites by using cookies and log files that may include your Internet Protocol (IP), browser “user-agent”, pages viewed and other activities similar activities.
Ultimate Berths may use the personally identifiable information collected to contact customers regarding products and services offered by the company and, as necessary, to provide the products and services to the customer, our suppliers, contractors and partners. We may also use information provided for research, marketing, advertising, sales and statistical analysis. We will not in any way share this information with a third party for free or by selling it outside the company, unless you specifically authorise such disclosures. We will also use your information for processing your order(s) and managing and administering your account, delivering any products or information requested by you, responding to enquiries or complaints, verifying your identity and for administering debt recoveries.
Ultimate Berths may also disclose aggregate, anonymous data based on information collected from Users to investors and potential partners. In such cases, statistical information only will be disclosed, and personally identifiable data will be kept strictly confidential. If Ultimate Berths or a brand name is sold to a third party as a whole, the information collected from users may be transferred to the new owners.
We may also collect and use other information for internal purposes – for example, contact with our technical support or sales departments, accesses to your account and any reported violations of our terms and conditions that you or someone on your account may have committed. This is to help us fit the service to your individual needs, to help us diagnose problems you may be having, and for system security.
We may disclose information about you or your account to titles operated by Ultimate Berths, in the event we undergo re-organisation or are sold to a third party or, as necessary, to our suppliers for them to be able to supply certain items to you (such as domain name registrations). We do not sell or pass your personal information to third parties (other than as already stated) unless you have given us permission or unless it is necessary to delivery the products and services ordered or used by you. Ultimate Berths may also be obliged to disclose your personal information to meet any legal or regulatory requirements or obligations in accordance with applicable law.
On occasions, it is necessary to send out service related announcements, such as maintenance and upgrade warnings. Users may not opt-out of these communications, though they can deactivate their account.
The time period for which we keep information varies according to what the information is used for. In some cases, there are legal requirements to keep data for a minimum period. Unless there is a specific legal requirement for us to keep the information, we will retain it for no longer than is necessary for the purposes for which the data was collected or for which it is to be further processed.
The data may be stored on one or more databases directly or indirectly maintained by Ultimate Berths. We employ industry standard security measures to protect the confidentiality of the information, but while we cannot guarantee that any loss, misuse or alteration of data will not occur, every effort is made to prevent such occurrences. Any particularly sensitive information (such as credit card details) is encrypted prior to transmission to us and will only be stored in encrypted systems.
If you wish to find out what personal information Ultimate Berths holds about you, please tell us and give us any relevant information (such as your full name, address and internet domain names) to enable us to locate the information about you, because this will speed up our reply. We may be able to provide the specific information you want without you having to make a formal request. You can make a formal request if you want to know what personal information we hold about you. In this case, please put your request in writing to: The Company Secretary, Ultimate Berths, ADDRESS.
Please be aware that communications over the Internet, such as emails/webmails, are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered – this is the nature of the World Wide Web/Internet. We cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.
It may be sometimes necessary to transfer your personal information to companies located in countries outside of the European Economic Area. This may happen when our servers, suppliers or service providers are based outside the EEA. The data protection and other laws of these countries may not be as comprehensive as those in the UK or the EU – in these instances we will take steps to ensure that your privacy rights are respected.
If the information we hold about you is inaccurate, please let us know and we will make the necessary amendments and confirm that these have been made. If any of your information changes, it is your responsibility to notify us about the change as soon as possible. It is your sole responsibility to ensure that all usernames and passwords issued to you are kept safe and secure.
We may monitoring or record your calls, emails, text messages and other communications that may take place in accordance with UK law, and in particular for business purposes, such as for quality control and training, to prevent unauthorised use of our systems, to ensure effective systems operation and in order to prevent or detect crime.
We may change our privacy policy from time to time or how your data is processed under the Data Protection Act. New policies will be published on our web site or listed at the UK Government’s Information Commissioner.
Welcome to the ultimateberths.com website. Please read this Agreement carefully before accessing the Website. As a condition to, and in consideration of, receiving and accessing the Ultimate Berths Pty Ltd Classified Ads (herein Ultimate Berths Pty Ltd Classified Ads is referred to as the “Website”), the User agrees to be bound by the terms of this Agreement. Use of, or access to, the Ultimate Berths Pty Ltd Classified Ads shall constitute acceptance of and agreement to be bound by this Agreement. If you do not wish to be bound by this agreement, do not access Ultimate Berths Pty Ltd Classified Ads on the Website. If you have any questions about this Agreement, please contact us via e-mail at [email protected].
This agreement “Agreement” is entered into by and between Ultimate Berths Pty Ltd Classified Ads and any individual, corporation, association, agency, company, or other entity who accesses or uses the Website (the “User” or “you”).
The ultimateberths.com website or the Ultimate Berths Pty Ltd Classified Ads, which is provided to you, is a World Wide Web site on the Internet that is designed to allow users to post ads and/or to view ads posted by other users or interact with those users. The Website is owned and operated by Ultimate Berths Pty Ltd. The Website contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, photos, music, sounds and other material and data (collectively, “Content”) formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of the Website that can be modified by Users, such as posting ads, uploading multimedia files, and registering user profiles (“Interactive Areas”).
Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age or to temporarily or indefinitely suspended Ultimateberths.com Users. If you do not qualify, please do not use our services. Further, your Ultimateberths.com account and User ID may not be transferred or sold to another party.
We may send you communications and notices regarding your transactions and your account on our Website. You are responsible for completing all transactions you participate in (including monitoring the status and complying with all relevant legal obligations). We do not control, endorse or approve the Berths listed through our system. You may find other users’ information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our Website. Please note that there are also risks of dealing with underage persons or people acting under false pretense.
(i) restrict or inhibit any other user from using and enjoying the Interactive Features;
(ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
(iii) post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
(iv) post or transmit any information, software or other material which contains a virus or other harmful component;
(v) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access the Website;
(vi) disrupt the normal flow of communication in an Interactive Area;
(vii) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
(viii) violate any operating rule, policy or guideline of your Internet access provider or online service.
You acknowledge that Content on the Website is generally provided by the Website, individual contributors of Content (“Contributors”), third party licensees, and/or other Users. You acknowledge that the Website permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights (“Intellectual Property Rights”), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that the Website owns a copyright in the “look and feel,” i.e., the selection, coordination, arrangement and presentation of such Content.
You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to “The Ultimate Berths Pty Ltd Classified Ads” and its URL address. You acknowledge that the Website, its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through the Website only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on the Website, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as “Copyright owned by [name of owner]; Used by Permission.” By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to the Website the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit the Website to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.
Both Berth owners and renters release The Ultimate Berths Pty Ltd (and our officers, directors, agents, affiliates, parents, subsidiaries and employees) from claims, demands and damages (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any arrangements the berth owner and renter have made.
You must be legally able to lease your Berth on our Website. You must describe your Berth and all terms of lease on the listing page of our Website. Your listings may only include text descriptions, graphics, pictures and other content relevant to leasing the Berth. All listed items must be listed in an appropriate category.
Without limiting any other remedies available to Ultimate Berths Pty Ltd at law, in equity or under this Agreement, Ultimate Berths Pty Ltd may, in its sole discretion, suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged in fraudulent activity in connection with our Website.
Ultimate Berths Pty Ltd reserves the right to blacklist your property/s from future listing on the Website.
“Your Information” is defined as any information you provide to us or other users in the registration or listing process, in any public message area (including the Contact or the feedback area) or through any email feature. Your Information includes the descriptions of Berth and owners contact details that are displayed on our Website as well as any content you post on other web pages within our Website. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
We have the right to withdraw your registration and disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the Agreement.
You acknowledge that the Website may include various interactive areas (“Interactive Areas”), including but not limited to ads. These Interactive Areas allow feedback to the Website and real-time interaction between users. You further understand that the Ultimate Berths Pty Ltd does not control the messages, information, or files delivered to such Interactive Areas and that the Website may offer you and other Users the capability of creating and managing an Interactive Area. However, neither the Ultimate Berths Pty Ltd, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that the Ultimate Berths Pty Ltd cannot, and does not intend to, screen communications in advance. Moreover, because the Website encourages open and candid communication in the Interactive Areas, the Ultimate Berths Pty Ltd cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area.
The Website is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that the Ultimate Berths Pty Ltd has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, the Ultimate Berths Pty Ltd may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. The Ultimate Berths Pty Ltd Classified Ads reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written Website policy in effect at that time, (ii) be harmful to the rights of any User, the Website, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.
The only right with respect to dissatisfaction with any policies, guidelines, or practices of the Ultimate Berths Pty Ltd in operating the Website, or any change in Content, is for you to discontinue accessing the Website. The Ultimate Berths Pty Ltd may terminate or temporarily suspend your access to all or any part of the Ultimate Berths Pty Ltd Classified Ads, without notice, for conduct that the Ultimate Berths Pty Ltd believes is a violation of this Agreement or any policies or guidelines posted by the Website, or for other conduct which the Ultimate Berths Pty Ltd believes, in its sole discretion, is harmful to the Website or other Users. The Ultimate Berths Pty Ltd may discontinue operating the Website and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access the Website, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from the Website, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
You understand that except for Content, products or services expressly available at the Website, neither the Ultimate Berths Pty, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from the Website. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of the Website or controlled by the Ultimate Berths Pty Ltd. The Ultimate Berths Pty Ltd neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from the Website, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither the Ultimate Berths Pty Ltd, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from the Website or your inability to access the Internet or any site linked to or from the Website.
Please use your best judgment in evaluating all information contained or opinions expressed on the Website. It is the policy of the Website not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party. You Expressly agree that your use of the website is at your sole risk. Neither Ultimate Berths Pty Ltd Nor any of its subsidiary and parent companies, affiliates or their respective directors, officers, employees, agents, contractors, affiliates, Licensors or other suppliers providing content, data, information or services warrants that the website or any internet site linked to or from the website will be un interrupted or error free, that defects will be corrected, or that this site, including the interactive areas, or the server that makes it available are free of viruses or other harmful components. Nor do any of them make any warranty as to the results that may be obtained from the use of the website or any internet site linked to or from the website or as to the timeliness, sequence, accuracy, authority, completeness, usefulness, non infringement, reliability, availability or substance of any content, information, service, or transaction provided through the website or any site linked to or from the website. The website is provided on an “as is” “as available” basis, without warranties of any kind, either express or implied, including, without limitation, those of merchantability and fitness for a particular purpose.
Under no circumstances shall Ultimate Berths Pty Ltd, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, agents, contractors or licensors, be liable for any incidental, special or consequential damages under or arising from this agreement, the website or any internet site linked to or from the website, whether for breach of contract, tortuous behavior, negligence or under any other cause of action, including without limitation, any liability for damages caused or allegedly caused by any failure or performance, error, omission, interruption, electrical surge/damage/interference, deletion, defect, delay in operation or transmission, computer virus, communications line failure, breakdown of equipment, software error, infringement, unauthorized access to, or theft, destruction, alteration, or use of, records.
Under no circumstances shall Ultimate Berths Pty Ltd, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, agents, contractors or licensors, be liable to you or any other third party for any decision made or action taken by you in reliance on the content contained within the website or the content contained within any internet site linked to or from the website. The content within the website and the content within the websites linked to or from the website may include technical or other inaccuracies or typographical errors. Changes are periodically added to the content herein; these changes will be incorporated in new versions of the website and specifically are included in this section agreement. Ultimate Berths Pty Ltd and its contributors may make improvements and/or changes in the content at any time and from time to time.
You specifically acknowledge and agree that Ultimate Berths Pty Ltd is not liable for any defamatory, offensive, fraudulent or otherwise illegal conduct of any user. If you are dissatisfied with any website content or with the access agreement of the website, in whole or in part, your sole and exclusive remedy is to discontinue using the website.
Your Information (including but not limited to any Berth/s listed) must not:
be false, inaccurate or misleading;
be fraudulent or involve the listing of Berth/s without authority from the owner;
Violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, criminal law, antidiscrimination or trade practices/fair trading laws);
be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
be obscene or contain child pornography or, if otherwise adult in nature or harmful to persons under the age of 18 years, shall be distributed only to people legally permitted to receive such content;
contain any content that may be considered to be prohibited or potentially prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth) (for more information about this legislation, please refer to the Internet Industry Association’s Codes of Practice located at http://www.iia.net.au or http://www.aba.gov.au);
contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
create liability for Ultimate Berths Pty Ltd or cause Ultimate Berths Pty Ltd to lose (in whole or in part) the services of our ISPs or other suppliers; and
be concurrently listed for lease on a web site other than the Website (this does not prevent linking to or advertising an ultimateberths.com item from another web site);
Solely to enable Ultimate Berths Pty Ltd to use the information you supply Ultimate Berths Pty Ltd with, so that Ultimate Berths Pty Ltd are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Ultimate Berths Pty Ltd will only use Your Information in accordance with our Privacy Policy.
User registration on the Website is free. When you list a Berth you have an opportunity to review and accept the fees that you will be charged for the use of our services. Our current fees are listed on the Website. Fees are payable via secure credit card payment system at the time of listing. You are obligated to remove your Berth listing if you have rented or sold it either through the Website or other means.
Fees and Credits Policy is incorporated into this User Agreement by reference. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days’ notice of the changes by posting the changes on the announcements board. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the announcements board. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in American Dollars. You are responsible for paying all fees associated with using our service and our Site and all applicable taxes (including GST, which will be added to amounts debited from your account).
You shall comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding your use of the Ultimate Berths Pty Ltd service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. Specifically, you must ensure that your activities, items you list, and Your Information you post on the Website do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant state-based fair trading legislation. For more information about this legislation and other legislation which may apply to you, please refer to http://www.austlii.edu.au
Notwithstanding the successful conclusion of a transaction on the Website, you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful (e.g. the sale of interests in real property ordinarily requires a written document to be created). YOU ALONE, AND NOT Ultimate Berths Pty Ltd, ARE RESPONSIBLE FOR CONFIRMING THAT YOUR ACTIVITIES ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS. YOU MUST ALSO ENSURE THAT YOU COMPLY WITH ALL CLAUSES OF THIS AGREEMENT AND THE PRIVACY POLICY, AND ALL OTHER TERMS AND POLICIES INCORPORATED BY REFERENCE IN THOSE DOCUMENTS.
You agree to indemnify and hold the Ultimate Berths Pty Ltd, its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of the Website or any Internet site linked to or from the Website, or in connection with the transmission of any Content on the Website.
Full payment for the advert must be received via our secure online payment gateway prior to the listing of the advert. Once payment has been received, the advert(s) will be listed on www.ultimateberths.com. Once the customer has listed the advert, our records are updated and a record of purchase is kept in case the customer wishes to list an advert at a later date. At any stage, if a customer is experiencing problems listing their advert(s), they can contact Ultimate Berths support via our contact details [email protected] or our phone number listed on the website. We do not accept methods of payment that are not online transactions such as personal cheques, postal money orders or cash.
Our company is offering intangible, irrevocable goods, as such we DO NOT issue refunds after the advert(s) have been listed by the customer. It is the customer’s responsibility to read and understand the terms and conditions prior to purchasing from our site.
However if a customer finds a functional error with an advert, they can contact us at [email protected] and we will endeavor to rectify any errors and provide the corrected advert within 48 hours. The customer needs to notify us of any error in relation to an advert within 2 weeks of Listing the advert. Queries about how to list an advert can be directed to [email protected] or a submission to our Contact Us section on our website.
If you have any questions about this information, please feel free to contact [email protected]; alternatively see the Contact Us section on the Website.