Terms & Conditions
Terms and Conditions
Australian Site and Pricing
5 Star Motor Cruisers administers this Site from Sydney, New South Wales, Australia and this Site is only intended for viewing in the Australia. All materials and information contained on this Site apply to the Australian market only. 5 Star Motor Cruisers makes no representation that the Site is appropriate or available for use outside Australia. If you choose to access the Site from outside Australia, you do so at your own initiative and are responsible for compliance with applicable laws. You agree to comply with all export and re-export laws, restrictions and regulations of your government in connection with your use of the Site.
All pricing is in Australian dollars and the boats described are offered for sale in Australia only. This Site in no way constitutes an offer to buy or sell vessels from 5 Star Motor Cruisers or to provide financing. 5 Star Motor Cruisers makes reasonable efforts to ensure that the pricing and product information contained on this Site is correct. Prices, product specifications and all other information shown on this Site are for information purposes only, are subject to change at any time without obligation, may vary from region to region, and may not be completely up to date or accurate. Pricing excludes destination and delivery charges, any applicable taxes, any applicable fees, such as title and registration, any industry specific fee, any applicable consumer rebates or incentives, and the cost of any dealer added options unless stated. Optional equipment is not included unless specifically indicated. Any calculation of any price, tax, incentive, or finance terms is for your reference only, is an estimate, and may not be completely accurate. Individual 5 Star Motor Cruisers stores set the actual transaction price. Contact our office for the actual price of any boat and any applicable terms and conditions that may apply. The promotional programs and/or incentives offered on this Site are only available in Australia and may be limited to particular states and subject to restrictions and/or qualifications, as disclosed by the program.
Depiction of Boats
Boats shown on this Site are for general illustration only. Vessels shown are typically a sample vessel only of the same model year. Details of a selected vessel may vary from the vessel shown depending on the features you choose. Boat and vessel availability may be limited and is subject to availability.
Third Party Information such as Comparative Values
Copyright 2014, 5 Star Motor Cruisers, Inc. All rights reserved. This Site, including all materials, is protected by worldwide copyright laws and treaty provisions whether or not a copyright notice is present on the materials. All text, images, graphics, animation, videos, music, sounds and other materials on this Site are subject to the copyrights and other intellectual property rights of 5 Star Motor Cruisers, its affiliated companies and its licensors. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials. Except as expressly provided herein, 5 Star Motor Cruisers does not grant any express or implied right to you under any patents, trademarks or copyrights.
Subject to your continued compliance with these terms and conditions, 5 Star Motor Cruisers grants you a non-exclusive, non-transferable, limited right to access, use, display and listen to this Site and the information, images, sounds and text (“materials”) thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. You agree not to dispute 5 Star Motor Cruisers claims of ownership or validity of its rights in the materials on this Site.
5 Star Motor Cruisers authorizes you to view and download the materials at this Site only for your personal, non-commercial use. 5 Star Motor Cruisers may suspend or terminate this authorization at any time for any reason. This authorization is not a transfer of title in the materials and copies of the materials and is subject to the following restrictions:
1. you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials;
2. you may not modify the materials in any way or reproduce or publicly display, perform, distribute, or otherwise use them for any public or commercial purpose;
3. you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use.
Linking, crawling and archiving
If you would like to link to this Site, you must comply with the following guidelines:
1. do not incorporate any content from this Site into your site (e.g., by in-lining, framing or creating other browser or border environments around the website content). You may only link to, not replicate, the Site content;
2. you may not use any 5 Star Motor Cruisers trademarks, logos, designs or service marks in your links;
3. you may not create the appearance of a relationship or affiliation with 5 Star Motor Cruisers; and
4. your site may not contain offensive, distasteful, illegal or inappropriate content.
If you would like to use a web crawler or other search tool to gather information from the Site, you must comply with the provisions of the robots.txt file of the site and you may not circumvent CAPTCHA or other security measures.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE SUBMISSION PROCESS, OR OTHERWISE UNDERMINE 5 STAR MOTOR CRUISERS LEGITIMATE BUSINESS OPERATIONS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, 5 Star Motor Cruisers RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
The 5 Star Motor Cruisers name, and all trademarks and logos displayed on this Site are owned or used under license by 5 Star Motor Cruisers. The unauthorized use of any trademark displayed on this Site is strictly prohibited.
Changes to the Site
5 Star Motor Cruisers and its affiliates reserve the right to change, modify, suspend, discontinue or permanently cancel this Site’s operation or portions thereof without any notice to you, including but not limited to product specifications or prices, at any time and from time to time without notice and without incurring any obligations. Your use of this Site after any changes are posted will be considered acceptance of such changes.
Indemnity and Hold Harmless
By using this Site you agree that you will defend, indemnify and hold harmless 5 Star Motor Cruisers and its subsidiaries and affiliates, their respective stores and advertising and promotions agencies, together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of this Site, your breach or alleged breach of these Terms and Conditions, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. 5 Star Motor Cruisers reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with 5 Star Motor Cruisers defense of such claim.
Designated Agent for Copyright Notification
If you believe that any content on this Site infringes your copyright rights, please contact 5 Star Motor Cruisers designated agent for receiving such notifications in writing as follows:
84 Pitt Street
Sydney NSW 2000
In your communication, please include:
1. Your physical or electronic signature.
2. Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a representative list of such works.
3. Identification of the material that you claim to be infringing, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law.
6. A statement that the information your notification is accurate.
If the communication is submitted by someone on your behalf, the communication must also contain a statement that, under penalty of perjury, the submitter is authorized to act on your behalf.
5 Star Motor Cruisers may at any time revise these Terms and Conditions by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms and Conditions from time to time. NOTE THAT THESE TERMS AND CONDITIONS APPLY ONLY TO THIS SITE, OTHER WEBSITES PROVIDED BY 5 Star Motor Cruisers OR ITS AFFILIATES MAY HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING THE TERMS AND CONDITIONS OF THOSE SITES.
This Site and all the information it contains is provided for information purposes only on an “as is” basis and could include technical, typographical or other errors. In certain areas, the information provided may represent an opinion or judgment. 5 Star Motor Cruisers, information providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the Site, the information, materials, content, availability, and products. To the extent permitted by applicable law, 5 Star Motor Cruisers disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. 5 Star Motor Cruisers is not responsible for the content of any Site linked to this Site and is not directly or indirectly implying any approval, endorsement or affiliation with any linked Site.
YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, 5 Star Motor Cruisers OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. 5 Star Motor Cruisers, ITS INFORMATION PROVIDERS AND THEIR AGENTS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. 5 Star Motor Cruisers DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEB SITE OR ANY HYPER LINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND 5 Star Motor Cruisers WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NEITHER 5 Star Motor Cruisers, INFORMATION PROVIDERS OR THEIR AGENTS ARE PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.
These Terms and Conditions together with any additional terms to which you agree when using particular elements of this Site constitute the entire agreement regarding the Site and any services, and supersede all prior or contemporaneous communications, whether electronic, oral or written between you and us with respect to the Site or the services provided on the Site. The Site is operated from 5 Star Motor Cruisers offices in Australia. These terms and conditions are governed by, and construed in accordance with, the laws of New South Wales Australia, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. If a court determines that any term or condition in these Terms and Conditions is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in force and effect. 5 Star Motor Cruisers failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. All lawsuits arising from or relating to these Terms and Conditions shall be brought in the Federal or State courts located in New South Wales, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Effective Date: 29th December 2005