Terms and Conditions

 

FLOATS YA BOAT AUS – Terms and Conditions
Terms and Conditions – Ordering Products, Hiring, Rental, and use of this Website

Overview
This website is operated by FLOATS YA BOAT AUS. Throughout the site, the terms “we”, “us” and “our” refer to FLOATS YA BOAT  AUS. Please carefully read and understand the following terms and conditions that apply when you use our site, hire equipment and/or purchase something from FLOATS YA BOAT  AUS. By using our site, making a purchase/or hiring equipment, you agree to be bound by these terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
We reserve the right to update, change or replace any part of these terms and conditions at any time on this page. It is your responsibility to check this page periodically for changes.
Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes:

1. PRODUCT INFORMATION:
We make every effort to provide accurate and up-to-date information about our products, including specifications, features, and pricing. However, we reserve the right to make changes without prior notice.

2. ORDERING AND PAYMENT:

You agree and acknowledge that:
 (a) FLOATS YA BOAT AUS displays Items on the Website, which constitutes an invitation to treat;
 (b) your placement of an Order for any Items constitutes an offer to purchase and/or rent
such Items;
 (c) upon submitting your Order, you will nominate:
 (i) the Hire Period if your Order contains Equipment Rental;
 (ii) The Participants if your Order contains Equipment Rental;
 (iii) the Nominated Address; and
 (d) your offer is not accepted by FLOATS YA BOAT AUS until:
 (i) FLOATS YA BOAT AUS receives the full price for all Items in your Order, plus delivery costs; and
 (ii) FLOATS YA BOAT AUS sends you a confirmation for the Order, and
 (e) in the event that, after your offer is accepted, FLOATS YA BOAT AUS advises that they are not able to provide certain Items, then:
(i)  you may choose replacement Items, at the same value; or
(ii)  you may choose to be refunded the price paid for those Items that FLOATS YA
BOAT AUS is not able to provide; and
(iii) you release FLOATS YA BOAT AUS from all claims and liability relating to such
unavailability.
(f) If you place an Order for Delivery to an address that is someone else’s place of residence or business you must obtain their consent before providing FLOATS YA BOAT AUS with their
personal information and, by placing an Order, you confirm to FLOATS YA BOAT AUS that youhave done this
(g) Please ensure that you enter all information carefully when placing an Order. You
warrant to FLOATS YA BOAT AUS that all information provided by you in relation to eachOrder is complete, true and accurate.
(h) Please check your Order carefully (including the quantities ordered) before submitting it
as Orders may not be able to be changed or cancelled once the Order has been accepted by FLOATS YA BOAT AUS. FLOATS YA BOAT AUS will use reasonable endeavours to cancel or
change the Order if it has not already been Dispatched but makes no representation that it will be able to do this.
(i) Except to the extent otherwise required by law (including, without limitation, the
Australian Consumer Law), FLOATS YA BOAT AUS will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your
Order information is incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by FLOATS YA BOAT AUS, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
(j) Where you place separate Orders the Items will be delivered separately and a separate delivery fee may apply to each Order.

3. PRICING AND AVAILABILITY:
All product prices are in Australian Dollars and and include GST (as defined in A New Tax Policies (Goods and Services Tax) Act 1999 (Cth)).and are subject to change without notice.
We make every effort to ensure the availability of our products. In the event that a product becomes unavailable after you place an Order, we will promptly notify you and offer alternative options or a refund.

4. SHIPPING AND DELIVERY:
Product orders will be shipped to the Nominated Address provided in your Order.
Delivery times may vary depending on your location and product availability. We do not guarantee specific delivery dates.
You are responsible for providing accurate shipping information. Any additional shipping costs due to incorrect information will be your responsibility.
Upon Dispatch, the risk and title in the Items in the Order pass to you.
If there are multiple Items in an Order, you acknowledge that they might be delivered separately, depending on availability.
The delivered time frame is displayed on the website. However, there may be some delays due to overseas shipping issues beyond our control. Due to the product being design specifically for our customers, we do not offer refunds for delayed shipping. 

5. ACKNOWLEDGEMENTS
 You agree and acknowledge that:

(a) the brands, colours, appearance, sizes and other aspects of the Items shown on the Website may vary slightly from the actual Items you receive;
(b) you are required to supply all other tools, equipment or materials that you require tocomplete the Activities and are solely liable for such materials;
(c) FLOATS YA BOAT AUS makes no warranties that the Items in your Order will satisfy all ofyour requirements during the Activities;
(d) you must only use the Items for their intended purpose;
(e) you must follow the instructions for the Items;
(f) you must notify FLOATS YA BOAT AUS of any damage to, or issues with, the Items as soon as possible upon Delivery of the Items and record evidence of such damage, including photographs (failing which, such damage or issues will be deemed to have been caused by you.

6. PROMO CODES, GIFT VOUCHERS AND CREDITS
6.1 Promo Codes
(a) FLOATS YA BOAT AUS may offer Promo Codes from time to time.
(b) Only one Promo Code can be used on an Order.
(c) In the event that FLOATS YA BOAT AUS determines that a Promo Code has been wrongly copied, distributed or otherwise misused, FLOATS YA BOAT AUS reserves the right to cancel, modify or suspend the Promo Code, or cancel the related Order, in its discretion.
(d) FLOATS YA BOAT AUS makes no guarantees or representations regarding Promo Codesand is released from any liability arising in relation to them or their failure.
6.2 Gift Vouchers and Credits
FLOATS YA BOAT AUS may elect to offer gift vouchers and/or credits from time to time, subject to any conditions that FLOATS YA BOAT AUS determines, in its absolute discretion, including conditions relating to:
(a) expiry dates; and
(b) prohibiting using offers or discounts in conjunction with other offers or discounts.

7. YOU
In relation to rentals, you, at all times:
(a) agree to provide accurate, current and complete information to FLOATS YA BOAT AUS, atall times, including in relation to how many Participants will participate in a Trip Package;
(b) warrant that you are over the age of 14;
(c) warrant that you, and all other entities who will accompany you, have the skills and ability to safely complete the Trip Packages and Activities;
(d) warrant that you know how to safely and properly use all Items and agree that you will use and treat all Items in accordance with such standards;
(e) confirm that you have elected to use the Website and/or purchase the Order of your own free will; 
(g) acknowledge that your use of the Website and/or purchase of an Order may result in data usage charges from your mobile or internet provider;
(h) must notify FLOATS YA BOAT AUS immediately (or, if that is not possible, as soon as is reasonably practical) of any issues with or defects in, the Items and/or Trip Information;
(i) use the Website, purchase and/or rent the Items at your own risk and only for their intended purpose;

(k) must interact with FLOATS YA BOAT AUS, and other entities you encounter during a Trip Package, in a courteous manner; and
(l) agree that, in the event that an account on the Website or for an Order is created in the name of a corporate entity, then these Terms are enforceable against that entity and the individual who creates the account and/or submits the Order on the entity’s behalf, which individual enters into these terms as personal guarantor for the corporate entity.

8. RETURNS AND REFUNDS:
Our refund and return policy is outlined in a separate document. Please refer to that policy for details on returning your tent and requesting a refund.

9. WARRANTY:
) The Items are manufactured by third parties and, as such, FLOATS YA BOAT AUS does notprovide any warranties or guarantees regarding the Items.

10. PRODUCT USE AND SAFETY:
It is your responsibility to use the product in accordance to the manufacturer’s instructions and safety guidelines. The tents are not used as floatation devices or suitable to be used by children and we do not recommend that children sleep in them. Children should use the tent under the supervision of a responsible adult at all times whether on land or water. We are not liable for any injuries, damages, or accidents resulting from the improper use or misuse of our tents.
Although the camping tents float, the tents are advised to sleep on LAND only and NOT in the water. Users should not sleep in the Tents on the water. It is your responsibility to ensure that when in the water, it's anchored down or tied at all times.

By using our floating tents, you acknowledge and agree to the following terms and conditions:

1. Supervision:

All children must be supervised by a responsible adult at all times whilst using the floating tent.  no person under the age of 14 must not use this product, although those over 14 year old and people with physical, sensory or mental dysfunction, or people without relevant experience can use this product, they need to use it in a safe way under supervision and direction. They should know the health risks and drowning risks and can’t use this product without constant supervision

It is the user's responsibility to ensure that children are closely monitored to prevent any potential risks of drowning. 

2. Age Recommendation:

Our floating tents are not recommended for children under the age of 14.
Users under 14 years old should not use the floating tent without direct and continuous adult supervision and monitoring. 

3. Use as a Floatation Device:The floating tent is not designed or intended to be used as a floatation device. It should not be relied upon as a life-saving or safety device in any water-related activities. The device is purely for recreational use only, and should only be used for its intended purpose.
 

4. Swimming Ability:

Users must possess adequate swimming skills before using the floating tent.
Non-swimmers or individuals with limited swimming abilities should avoid using the floating tent. 

5. Weather Conditions:

Do not use the floating tent in adverse weather conditions, including but not limited to strong winds, storms, or lightning.
Users are responsible for assessing weather conditions before using the floating tent.

6. Secure Anchoring:

Users must ensure that the floating tent is properly anchored to prevent drifting or unintended movement in water bodies.

7. Personal Belongings:

Users are responsible for securing personal belongings within the floating tent to prevent loss or damage.
We would recommend that the users refrain from bringing personal belongings into the floating tent.

8. Emergency Situations:

Users should be familiar with emergency procedures, including the location and proper use of safety equipment.
In the event of an emergency, users are responsible for taking appropriate actions to ensure their safety.

9. Inflation Instructions:

Users must follow the instruction manual provided to adequately inflate the floating tent.
Failure to follow the instruction manual may result in inadequate inflation, posing a drowning risk.

10. Assumption of Risk:

Use of the floating tent is at the user's own risk.
Users acknowledge the inherent risks associated with water-based activities and agree to assume all such risks.

11. Modification and Inspection:
Do not modify the floating tent, and regularly inspect it for any signs of wear or damage. If damage is detected, discontinue use immediately.
Float Ya Boat will not be responsible for any costs, losses, or damages incurred as a result of use of the product. 
 
12. Open Water Use and Sleeping Recommendations: The floating tents are not recommended for use in open water. For safety reasons, it is advised to use the floating tent in controlled environments such as pools. Additionally, it is strongly recommended not to sleep inside the floating tent while on water.
 
13. Liability Release:
Users release and hold harmless Float Ya Boat from any liability for personal injury, property damage, or any other loss that may occur while using the floating tent.
 
14. Accidental Death: While every precaution has been taken to ensure safety, accidents can occur. Users acknowledge the risk of accidental death associated with water activities and agree to use the product with caution.Float Ya Boat will not be liable for any accidents or deaths associated with using the device. 

11. INTELLECTUAL PROPERTY:
All content on our website, including text, images, logos, and trademarks, is the intellectual property of FLOATS YA BOAT AUS. It may not be used or reproduced without our express written consent

12. LIABILITY
11.1 Limitation of Liability
(a) Except as expressly stated by FLOATS YA BOAT AUS, the Items and the Trip Information are provided on an "as is" basis and without warranties of any kind. To the extent permitted by law, FLOATS YA BOAT AUS expressly disclaims all other warranties, or guarantees, express
or implied, relating to the Items, FLOATS YA BOAT AUS intellectual property and the Website.
(b) You waive, release and covenant not to assert against FLOATS YA BOAT AUS , its subsidiaries (if any), affiliates (if any), partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees any Claims, including but not limited to, in relation to:
(i) any errors, omissions, delays, interruptions or other matters relating to the Website and/or the Items;

(ii) any delays in delivering or collecting any Items;
(iii) the inaccuracy of any component of the Trip Information;
(iv) any materials or content posted or otherwise transmitted by a third party on the
Website or on other forms of social media; and/or
(v) any accident, loss or damage to property or death of or injury to any person of whatever nature or kind (in this regard, you warrant that you use the Trip Information, and Items at
your own risk).
(c) Without limiting the remainder of this clause 11.1, neither FLOATS YA BOAT AUS or its subsidiaries (if any), affiliates (if any), partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind.
In no event will you have a cause of action against the FLOATS YA BOAT AUS, its subsidiaries (if any), affiliates (if any), partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees.
(d) In no event shall the aggregate liability of FLOATS YA BOAT AUS, whether in contract,
warranty, tort (including negligence, whether active, passive or imputed), product liability,strict liability or other theory, arising out of or relating to the Website or the Items, exceed
the value of the applicable Order.
11.2 Indemnity
You hereby release and indemnify, and keep released and indemnified, FLOATS YA BOAT AUS, its subsidiaries (if any), affiliates (if any), partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from and against all Claims, including but not limited to legal costs, arising from or relating to:
(a) your fraud, misconduct, negligence or breach of these Terms (or the warranties in these Terms);
(b) your use or consumption of the Items; and/or
(c) your Order.

13. PRIVACY POLICY:
Your privacy is important to us. Our privacy policy outlines how we collect, use, and protect your personal information. By making a purchase, you agree to our privacy policy.
14. GOVERNING LAW:
You agree that all disputes, Claims or other matters arising from or relating to your use of the Website, and/or purchase and/or rental of the Items will be governed by the laws of New South Wales, Australia and will be heard and resolved in a court of competent jurisdiction located in New South Wales, Australia. All references to a time in the Terms is that time in Sydney, Australia, unless otherwise specified.

15. CONTACT INFORMATION:
For any questions, concerns, or inquiries regarding your tent purchase or these terms and conditions, please contact our Customer Support team at floatyaboatsaus@gmail.com

16 Definitions
For the purposes of this agreement, the term:
(a)   Activities means camping, trekking, kayaking and/or other activities that you intend to undertake.
(b)   Claims means all claims, losses, demands, damages, proceedings, compensation, costs, charges, expenses and liabilities.
(c)   Courier means any third party engaged by FLOATS YA BOAT AUS on your behalf to deliver Items to You.
(d)    Delivery means the delivery of Items to the Nominated Address.
(e)   Dispatch means the time at which the Items leave FLOATS YA BOAT AUS’ storage facility.
(f)   Equipment Rental means the rental of Items, in which ownership of the Items does not pass to You. You shall be aware that you are entering into an Equipment Rental by any or all
of the following:
(g)     You select any Items displayed on the Website under the header ‘Equipment Hire’ and proceed to make an Order containing those Items;
(ii)  You request, in writing or otherwise, to rent, hire or borrow Items from FLOATS YA BOAT AUS, and FLOATS YA BOAT AUS confirms in writing that it accepts this request through email confirmation, issue of an invoice, credit card charge or other means at FLOATS YA BOAT AUS’
discretion;
(iii)            You are required to provide FLOATS YA BOAT AUS or a third party with a
commencement date and hire duration or the Hire Period during which you require theItems;
(iv) If none of 16 (f)(i), 16 (f)(ii) or 16 (f)(iii) apply, whether all or part of an Order constitutes
an Equipment Rental is at FLOATS YA BOAT AUS’ discretion.
(h)     Hire Period means those dates input by the customer upon checkout on the Website or as otherwise negotiated and confirmed in writing with FLOATS YA BOAT AUS during which
the Items are intended to be used by the customer before being Returned to FLOATS YA BOAT AUS.
(i)     Items means any item, good or equipment made available by FLOATS YA BOAT AUS
through its Website or any other means for sale or rental, including Trip Packages, Rental Items and Items available for purchase.
(j)   Nominated Address means the address provided by You for Delivery of the Items.
(k)     Obligations means all obligations and liabilities under the Terms.
(l) Order means an order for any Items, whether for Equipment Rental or Sales, available
from FLOATS YA BOAT AUS through the Website or any other means.
(m)   FLOATS YA BOAT AUS means the business name Floats Ya Boat Aus
(n)   Participants means individuals who will participate in a Trip Package and/or use the
Items during the Hire Period.
(o)   Policies means any of FLOATS YA BOAT AUS’ policies on the Website.
(p)   Price means the price that FLOATS YA BOAT AUS has allocated to Items and Services.
(q)    Promo Code means any promotional code created and offered by FLOATS YA BOAT AUS
for use on its Website, subject to any conditions that FLOATS YA BOAT AUS determines, in its absolute discretion.
(r)    Return when referring to Equipment Rental means the time at which Items are received at FLOATS YA BOAT AUS’ storage facility.

(s)     Sales means the sale of Items by FLOATS YA BOAT AUS, in which ownership of the Items
passes to You. You shall be aware that a Sale is being conducted by any or all of the following:
(i)     You select any Items displayed on the Website under the header ‘Buy New’ and proceed to make an Order containing those Items;
(ii)  You request, in writing or otherwise, to buy Items from FLOATS YA BOAT AUS, and FLOATS YA BOAT AUS confirms in writing that it accepts this request through email confirmation, issue of an invoice, credit card charge or other means at FLOATS YA BOAT AUS’
discretion;
(u)   Services means Courier or transport bookings and other related services.
(v) Terms means the terms and conditions applicable to the use of the Website, Equipment Rental, Sales, and purchase of Trip Packages as set out in this document.
(w) Trip Information means track notes, maps, Items, guide and safety information related to each trip.
(x)   Trip Packages means those Trip Packages defined in clause 7(a).

PRE-ORDER TERMS AND CONDITIONS
Please carefully review the following terms and conditions that apply when you pre-order amproduct from FLOATS YA BOAT AUS. By placing a pre-order, you agree to be bound by these
terms and conditions.
1. PRE-ORDER RESERVATION:
When you pre-order a product, you are making a reservation for the product, which isexpected to be delivered on a future date specified at the time of pre-order.
2. PRODUCT INFORMATION:
We provide information about the expected availability, features, and specifications of the
pre-ordered product. However, please note that product details, including pricing, may
change before the product becomes available.
3. PRE-ORDER PAYMENT:
By placing a pre-order, you agree to pay the full pre-order price of the product at the time of
purchase. The pre-order price is the price specified at the time of pre-order and may differ
from the final retail price.

4. SHIPPING AND DELIVERY:
The estimated shipping and delivery date of the pre-ordered product is provided for your reference only. However, this date is subject to change, and we do not guarantee specific delivery dates.

5. CHANGES AND CANCELLATIONS:
you are unable to cancel your pre-order due to the items being manufactured especially for you. If the production has not started, there maybe the option to cancel . Please contact our Customer Support team at floatyaboatsaus@gmail.com
 
We may, at our discretion, cancel or modify your pre-order if there are changes to the product’s availability or other circumstances beyond our control. In such cases, you will be notified, and a refund may be offered.

6. REFUNDS:
Refunds for pre-orders are subject to our refund policy, which may vary depending on the product and circumstances. Please refer to our refund policy for details.

7. Product Availability:
Pre-ordering a product does not guarantee its availability. In rare instances, a pre-ordered product may become unavailable due to unforeseen circumstances. If this occurs, we will notify you and offer alternative options or a refund.

8. Product Use and Safety:
It is your responsibility to use the product in accordance with any instructions and safety guidelines provided by the manufacturer.

9. Intellectual Property:

All content related to the pre-ordered product, including text, images, logos, and
trademarks is the intellectual property of FLOATS YA BOAT AUS and may not be used or reproduced without our express written consent.

IMAGE DISCLAIMER
All images used are for Illustrative Purposes only. Individual features such as bag/packaging fabrics, labels, and other materials’ colours may vary, as may peripheral elements (seals,
frames, etc.). Please note pictures of products were taken in different light conditions and using various photographic equipment.
Computer screens have different individual settings that moderate colours and patterns independently. Images are indicative of the quality and style of the product specification but may not
represent the actual detail of the product as received due to constant improvements introduced by FLOATS YA BOAT AUS in the product.