1. A fully hosted website to display and market the activities of consist of information pertaining to Party B.

 

 

2. A set amount of space will be dedicated on the site to Party A and its advertising. A feature box for Party A must be visible on the front page of the site and will link to the Yachting Australia website. A feature box on the front page dedicated to the relevant State Association (MYA) must also appear on the website, except in the instance were Party B is a National Class Association or Yachting Australia Training Centre. These feature boxes will be hard coded onto the site, and must remain at all times on the front page of the site. Party A and the MYA will have the ability to update the information displayed in the feature box.

 

 

3. A small area on the website above the feature box of Party A will be hardcoded and left blank and may be used by Party A in the future for sponsors and third party servicing

 

 

4. The website for Party B will have a storage limit of 10 megabytes for images.

 

 

5. Through the use of the website Party A provides you with access to develop additional web pages, menu items and links (herein collectively known as 'Services'). The services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the following terms and conditions.

 

 

6. Party A reserves the right to review the terms and conditions of the Memorandum of Understanding during the period and will advise of any change(s) within twenty-four (24) days notice.

 

 

7. Party A will review the cost structure annually and advise any changes to Party A.

 

 

8. This Memorandum of Understanding is an open agreement between Party A and the Party B, in which Party B may cease at any time, giving fourteen (14) days notice. Party A reserves the right to withdraw the service at any point, providing Party B with fourteen 14 days notice.

 

Means Yachting Australia Inc.

Means the affiliated club, affiliated State or National Class Association, or Yachting Australia Training Centre.

Member Yachting Association

Account:
Member ID and Password given that enable the Club, Class Association or Yachting Australia Training Centre to develop their sub-site.

Submission:
Materials (Images, Text etc) provided by the Club, Class Association or Yachting Australia Training Centre for use on their MyWebsite.

Trusted Web Official (TWO):

The person responsible for the website administration who has been authorised by the Commodore, President or Principal.

 

1. Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Services.

 

 

2. Permission to use the images from the Yachting Australia image library is granted provided that (1) use of such images is for informational and non commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (2) no modifications of any images are made.

 

 

3. Any images posted by Party B to the image library will be available for use by other Clubs, Class Associations and Yachting Australia Training Centres and Party B for similar informational and non-commercial use on their website.

 

 

4. No logo, graphic, sound or image from any Yachting Australia website may be copied or retransmitted unless expressly permitted by Party A.

 

 

5. Party A makes no representations about the suitability of the images published as part of the Services for any purpose. All such images are provided 'as is' without warranty of any kind.

 

 

6. Party A cannot guarantee the availability of the site at any time where unforeseen circumstances can make the site unavailable and Yachting Australia cannot be held liable for it’s non availability.

 

 

7. In no event shall Party A and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the services.

 

 

8. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Yachting Australia server, or the network(s) connected to any Yachting Australia server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorised access to any Services, other accounts, computer systems or networks connected to any Yachting Australia server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

 

 

9. You agree to release and indemnify Yachting Australia against all actions, claims and demands (including the reasonable cost of defending or settling any action, claim or demand) which may be instituted against Yachting Australia to the extent arising out of the breach by you of your obligations under this MOU or the negligence of you, your agents, employees or any sub-contractor or any other person for whose acts or omissions you are vicariously liable.

 

 

10. If Party B is no longer affiliated to Party A, Party A reserves the right to withdraw the service.

 

Pricing for MyWebsite may be reviewed each year by Yachting Australia to ensure that hosting and traffic charges do not exceed income. All figures are inclusive of GST.

Access to administer the website shall be available only to those people named in the original application or by completing an additional application form, which must be approved by the Commodore/Class President/Principal.

You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Party A immediately of any unauthorised use of your account or any other breach of security. Party A will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Party A or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

You agree to use the Services only to post material that is proper and related to the particular activity that you are involved with. By way of example, and not as a limitation, you agree that when using the Services, you will not:

 

• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

 

 

• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.

 

 

• Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

 

 

• Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

 

 

• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allow such messages.

 

 

• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

 

 

• Falsify or delete any copyright management information, such as author attribution’s, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is up-loaded.

 

 

• Restrict or inhibit any other user from using and enjoying the Communication Services.

 

 

• Harvest or otherwise collect information about others, including e-mail addresses.

 

 

• Violate any applicable laws or regulations.

 

 

• Create a false identity for the purpose of misleading others.

 

 

• Party A has no obligation to monitor the Services. However, the Party A reserves the right to review materials posted to the Services and to remove or alter any materials in its sole discretion. Party A reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.

 

 

• Party A reserves the right at all times to disclose any information as Party A deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, is Party A’s sole discretion.

 

Party A does not claim ownership of the materials you provide to Party A (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a 'Submission' and collectively 'Submissions'). However, by posting, up-loading, inputting, providing or submitting ('Posting') your Submission you are granting Party A, its affiliated companies and necessary sublicense’s permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Party A Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission to publish your name in connection with your Submission and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. Party A is under no obligation to post or use any Submission you may provide and Party A may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ('Images'), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. Party A reserves the right to ask to see copyright permissions for any 'Image' at any time.

By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), the ability to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images.

Party A owns all copyright and all other intellectual property rights for the site. Everything on this site is copyrighted unless otherwise noted. Party A welcomes the use of this site for your non-commercial use only provided that you retain all copyright, trademark and other proprietary notices contained in the content. We advise that you may not copy or display for redistribution to third parties or for commercial purposes any portion of this site without the Party A’s express permission.

The sites linked to this site are not under the control of Party A. Party A is not responsible for, and makes no representations, warranties or conditions concerning, the contents of any linked site or any link contained in a linked site. Party A provides links to you only as a convenience, and the inclusion of any link does not imply endorsement, investigation or verification by Party A of the linked site.

Party A will provide a user manual for Party B. Party A will provide ongoing support through the Yachting Australia website by providing instructions, information and a frequently asked questions page about MyWebsite. Support will also be provided by the relevant MYA.

The hosting of a website is provided to Party B by Party A through the use of a third party, WebCentral. It is a condition of use of the service that you comply with WebCentral’s terms and conditions, and in signing this Memorandum of Understanding you agree with, understand and are bound to these terms and conditions. To read WebCentral’s terms and conditions please visit:

For the purposes of this MOU, 'Personal Information' means information or an opinion, whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion.

 

• to abide by the requirements of the Yachting Australia’s privacy policy which is available for inspection by you at Yachting Australia's offices upon reasonable notice.

 

 

• to only collect, use and disclose Personal Information in connection with the Services to provide the services to your Club / Class members/Training participants.

 

 

• wherever reasonably practicable, before or at the time of collecting, using or disclosing Personal Information to provide member services, to ensure that notifications have been provided to, and consents have been obtained from the relevant individual in accordance with the Privacy Act 1988 (Cth) and any other applicable laws and codes dealing with privacy and in such form as approved in writing beforehand by Yachting Australia.

 

 

• to comply with the Privacy Act 1988 (Cth) and any other applicable laws and codes dealing with privacy, in relation to any Personal Information collected, used, disclosed and stored in connection with the Services.

 

 

• to immediately notify Yachting Australia of the full details of any request for access made by the individual in relation to their Personal Information in connection with the Services.

 

 

• that if you receive a complaint alleging an interference with the privacy of an individual, and that complaint relates to Personal Information collected, used, disclosed or otherwise held or handled in connection with the Services, then you must immediately notify Yachting Australia of the nature of the complaint, and keep Yachting Australia informed of any changes in the status of the complaint or any resolution.

 

 

• to co-operate fully with and must not obstruct, hinder or delay Yachting Australia in Yachting Australia’s handling of any complaint received by Yachting Australia alleging an interference with the privacy of an individual, where that complaint relates to Personal Information collected, used, disclosed or otherwise held or handled in connection with the Services.

 

Your obligations under this clause survive the expiry or termination of this MOU.

This website is governed by, and is to be interpreted in accordance with, the laws of Australia.