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Terms of Service

The Yacht Social Club Trading Company Pty Ltd
Terms of Service & Conditions

Last Updated: 26 May 2025

1. INTRODUCTION

These terms set out the conditions on which The Yacht Social Club Trading Company Pty Ltd (‘TYSC’) ACN 668 425 330 of 10 Rickard Avenue, Sydney, NSW, 2026 of which The Yacht Social Club is a part and offers its services. This website is operated by TYSC.
Our services involve acting as a booking agent for private hire charter boats and hosting unique social events located on the ocean as well as the creation and selling of tickets to said events. Where applicable, TYSC may act as an intermediary or agent for suppliers in selling events, tickets or services or in registration services which are not directly organised or supplied by TYSC.

1.1 Parties to this Agreement

The following terminology applies to these Terms and Conditions: the terms “we”, “us” and “our” refer to TYSC and the terms “You”, “Your”, “Customer” and “Purchaser” refers to you, the person accessing this website and accepting our terms.

1.2 Agreement to Terms

By accessing this website and/or using our Services, you agree that you accept the terms and conditions laid out below in full. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

By visiting this website and using our services, you acknowledge that you are engaging in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms, conditions and policies as required from time to time. These Terms of Service apply to all users of this site, including without limitation. You can review the most current version of the Terms of Service at any time on this page.

1.3 Changes to this Agreement

TYSC reserves the right to update, change or replace any part of these terms by posting updates to our website. It is your responsibility to refer to this page to identify any changes. Any changes made to the website will also be subject to the Terms of Service. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

2. GENERAL SERVICE CONDITIONS

2.1 Our Service

Our Services provides you with the ability to buy tickets offered to our hosted events by us or Third-Party suppliers or registration services. By placing an order with us or giving us instructions for the supply of goods, it shall constitute acceptance of our terms and conditions contained herein, along with any other agreements or documentation provided to you.

TYSC primarily communicate with you via your registered email address or phone number provided. You agree that email and phone communications are contractually binding in the same way as signed and dated documentation via post.

2.2 Eligibility

In order to use our services, you must:
(a) be capable of entering into a legally binding contract;
(b) have a valid address;
(c) have a valid email address and phone number;
(d) have access to a payment method e.g., credit/debit card;
(e) confirm that you have read and understood our terms and conditions.
(f) if entering this agreement on behalf of another entity, you confirm that you have authority to do so; and
(g) be 18 years and older.

2.3 Breach

Any breach or violation of any of the Terms will result in an immediate termination of the Services. TYSC reserves the right to refuse service to anyone, for any reason, at any time. You must not use any TYSC Services or products for any illegal or unauthorised purpose, including any use which violates laws of your jurisdiction. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any content on this website. You agree not to provide or use false identifying information such as a name, email address or any other relevant contact information.

3. GOODS & SERVICES

3.1 Purchase of Goods & Services

When you make a purchase with TYSC through this website, you agree to enter into a contract with us and be bound by these terms and conditions. All goods and services provided are subject to availability and non-transferrable. Any modifications or changes to your registration are agreed to by you as a contract term.

You accept full responsibility for tracking any changes to event details such as time and cancellation. TYSC reserves the right to change or cancel a good or service in the event of any technical error or unforeseen circumstance.

You agree that any and all rights to the goods and services provided by TYSC shall not pass to you until purchase is completed. A purchase is completed only when full payment is received in the form of cleared funds. TYSC will send a confirmation email within 24 hours of receiving cleared funds.

3.2 Issuing of Goods & Services

Not all events will require physical tickets to be issued. Where no physical tickets are required, you must print your confirmation email and bring it with you to gain access to the event. It is a condition of admission to an event that you present a valid ticket.

Where physical tickets are required, you will be notified at the time of booking and arrangements will be made for the delivery of tickets. Please be aware that TYSC do not accept PO Boxes as mailing addresses for the delivery of tickets.

In the event of a lost ticket, tickets can be re-issued to the same email address, provided you deliver proof of identity and give reasonable notice before the date the Event commences. TYSC will make all reasonable attempts to issue a replacement for you.

4. PRICE

Our prices will be provided on our website and may change subject to price adjustments. All prices we provide are in Australian dollars. All quoted prices include GST.

Quoted prices are subject to change. Price changes may occur by reasons outside of the control of TYSC. These may include (but are not limited to) increases in supplier costs, inflation and insurance costs.

5. PAYMENTS

5.1 Credit Card Payments

TYSC accepts payments by Visa and Mastercard. All credit card transactions are processed by the TYSC Credit Card Merchant at the time of purchase, and a receipt will be issued. TYSC does not store credit card details.

TYSC reserves the right to request verification at the event, including production of the credit card used for the booking and matching photo identification.

Tickets purchased using another person’s credit card are permitted only if:

(a) you have written consent from the cardholder; or
(b) a TYSC-approved credit card authorisation form is completed and presented at the event.

5.2 International Credit Card Payments

International credit card payments will not be processed automatically. All such payments are reviewed manually. TYSC may require identification documents, including a current passport and the front and back of the credit card, before processing. This is to protect against fraudulent activity.

5.3 Social Split Payment Obligations

Where a booking is made using the Social Split payment method, the person who pays the initial deposit (“Lead Booker”) enters into a binding financial agreement with TYSC. The Lead Booker accepts full and sole financial responsibility for the entire booking amount, regardless of whether additional payments are made by other participants.

If any participants fail to meet their payment obligations by the specified deadlines, and the booking remains unpaid, TYSC reserves the right to cancel the booking without refund. In such cases, the Lead Booker remains liable for the entire unpaid balance, which may be pursued through legal or debt recovery action. This clause forms a binding financial obligation enforceable by TYSC.

5.4 Private Charter Boat Hire

Private charter boat bookings made through TYSC are subject to the following terms:

For boats not owned by TYSC:
A 50% deposit is required to secure the booking. The remaining 50% is due 14 days prior to the charter date. All payments are invoiced and processed through The Yacht Social Club Pty Ltd, acting solely as a booking and event management agent for the boat owner or operator.
For boats owned by our affiliated companies (Zulu or Wavelength):
Invoices are issued by Boat Charters Australia Pty Ltd or Sydney Boat Charters Pty Ltd (the legal owners of the vessels). TYSC facilitates bookings and customer service but does not own or operate the vessels.

By booking a private charter, you agree to the payment schedule and acknowledge that TYSC may act solely in an agency capacity in relation to the vessel.

6. CHANGES & VARIATIONS

You are solely responsible for providing correct and valid information and selecting the correct Event at the time of purchase. The Yacht Social Club (TYSC) bears no responsibility for any incorrect information submitted. If you require assistance at any time, you can contact TYSC by email or phone on 02 8006 2768 prior to finalising your registration.

You must notify TYSC in writing at info@theyachtsocialclub.com if there are any errors or changes required with your booking, or if you have not received a confirmation email within 24 hours of payment. If you fail to notify TYSC of the mistake within that 24-hour period, TYSC may, in its absolute discretion, charge a fee to rectify the mistake. Any modification made to your order may result in a change in the purchase price.

TYSC may, in its absolute and sole discretion, add, withdraw, vary, reschedule or substitute advertised vessels, prices, venues, seating arrangements, ticket categories or vessel capacity. In such circumstances, TYSC is not liable for any direct or indirect loss, or required to refund any fares or portions of fares, nor will we be liable for any other damage, loss, expense, disappointment, inconvenience or consequential loss suffered by you.

Authority-Directed or Safety-Driven Changes
Where a skipper, crew member or operator is required to comply with lawful directions from maritime authorities, Water Police, port authorities, emergency services or any government body, such directions override any planned itinerary, routes, pick-up or drop-off wharves, or return schedules. TYSC will not be liable for any delay, itinerary change, early termination, change of return location or related inconvenience arising from compliance with such authority-directed instructions.

Disembarkation Location and Delays
Any advertised or communicated return wharf, finish time or disembarkation location is indicative only and may change due to safety considerations, weather, marine incidents, operational requirements or authority direction. Delays caused by such factors do not constitute a failure to deliver services and do not give rise to any entitlement to refunds or compensation. Guests acknowledge that final disembarkation may occur at an alternative location without refund or reimbursement.

Post-Disembarkation Travel Costs
TYSC is not responsible for, and will not reimburse, any transport or other expenses incurred by guests after disembarkation from the vessel. This includes but is not limited to taxi fares, rideshare services, water taxis, public transport, accommodation or other incidental costs, regardless of the reason for itinerary deviation.

Goodwill Gestures
Any goodwill gesture, credit or complimentary offer provided by TYSC is made at its sole discretion, without admission of liability, and does not establish a precedent or obligation for future events, charters or customer claims.

7. YOUR BEHAVIOUR/RESPONSIBILITIES

If, in our reasonable opinion or the reasonable opinion of the provider of any part of the services to which your booking relates, your behaviour poses a danger to you or those around you; or causes or is likely to cause damage to people or property; breaches any local law; is abusive, threatening or offensive in any way; causes or is likely to cause a public nuisance; or you do not follow the instructions or orders of the skipper or any other TYSC representative (including customer service or on-board staff), TYSC reserves the right to immediately cancel your booking without paying you any refund whatsoever.

This means, among other things, that:

The skipper may refuse to continue the charter.
You may be required at any time during your booking to leave the vessel you have booked, and the contract between us will terminate immediately. You will be solely responsible for making your own travel arrangements, and TYSC will not be liable to you for any expenses incurred after termination.
Written, spoken or any other form of communication that is abusive, threatening, or defamatory on any platform may result in cancellation of your booking or a permanent ban from future TYSC events.

We reserve the right, in our absolute discretion, to refuse future bookings or ban you from all TYSC events.

The nature of some activities you may choose to participate in during our events involves a degree of personal risk. By purchasing a ticket, you accept that participation is solely and fully at your own risk and that you are responsible for your own actions. You also accept full responsibility for any damage, loss or expense caused by you or any person named on your booking.
TYSC acknowledges that guests may wish to consume alcohol. You must, however, do so responsibly. TYSC accepts no liability for any injury, cost, expense, loss or damage suffered as a result of your judgment being impaired wholly or partly by alcohol or drugs.
TYSC operates a zero-tolerance drug policy. If you are found in possession of illegal substances, TYSC reserves the right to cancel your booking without refund and to require you to leave the vessel immediately. TYSC reserves the right to inform relevant law-enforcement authorities.
TYSC operates a zero-tolerance approach to sexual misconduct in all its forms. If you are found to have committed sexual misconduct during our events, your booking will be terminated immediately. Sexual misconduct includes, but is not limited to:
- Engaging or attempting to engage in a sexual act without consent
- Sexually touching or kissing another person without consent
- Sexual harassment or unwanted remarks of a sexual nature
- Inappropriately displaying sexual organs
- Repeatedly following another person
- Recording or sharing intimate images without consent
- Participating in conduct that may cause degradation or humiliation to others.
You accept that the skipper allocated to your yacht is in charge of the vessel and will make decisions on behalf of the boat based on safety, weather, and operational considerations. The skipper’s decisions are final. TYSC will not be liable for any loss of enjoyment or similar claims resulting from itinerary changes made by the skipper in the interests of safety, compliance with authority directions, or better guest experience.
In the event that authorities (including Water Police, port authorities or other regulatory bodies) instruct TYSC, the skipper or crew to alter or terminate a charter or event due to guest behaviour, safety, or compliance concerns, all guests must immediately comply. No refund, credit or reimbursement will be offered in such circumstances, and guests will be responsible for their own onward travel or transport arrangements.
You are solely responsible for your personal possessions and property. TYSC cannot guarantee the recovery or return of lost items and accepts no liability for lost, stolen or damaged property. Requests relating to lost property should be sent to info@theyachtsocialclub.com. Where return is possible, all associated costs plus a $50 administration fee (or higher for bulky items) must be paid in advance.
If you are rude, abusive or unpleasant to our staff, contractors, suppliers or crew at any point before, during or after your booking, TYSC reserves the right to cancel your booking, withhold all or part of any refund, and/or refuse future bookings. TYSC representatives are also entitled to recover the cost of any damage or loss attributable to your conduct.

8. BOND / DEPOSIT

If the event is for ‘The Yacht Social Club’, then the following shall apply:
Each Charter Event Organiser must pay a bond for the TYSC. The bond will be payable via bank transfer the details of which will be provided to you twelve (12) days before the event. It will fall due by the Wednesday before the event commences. Following inspection and/or confirmation by TYSC this bond will be returned to you. The bond payable by each Charter Event Organiser, for a Yacht Social Club Event, is $1500 per vessel.

You and the Charter Event Organiser acknowledge and agree and hereby authorise and consent for TYSC to withhold any part of, or all bond, and use the bond to rectify any damage caused by You, the Charter Event Organiser, your attendees or guests, including but not limited to the following occurrences.
(a) Loss of or any damage to the vessel or its equipment or fittings and personal items of Event Staff, caused by members of the Charter’s Group.
(b) An amount of uncleanliness in excess of what is reasonable, caused by members of the Charterer’s group, given the nature of the Charter, which, in the sole discretion of the Operator, therefore requires an excessive amount of cleaning to make good.
(c) Unruly behaviour, by members of the Charterer’s group.
(d) Failure to wear non-marking footwear, which may result in cleaning charges.
In circumstances that have been labelled above in subsection (b), an amount of uncleanliness in excess of what is reasonable, which will be determined at the sole discretion of the Operator, will result in a minimum $300 cleaning fee payable by you, the Charter Event Organiser.

If you have a private charter hire then the following shall apply:

A bond must be paid before your charter begins. The bond amount may vary depending on the vessel you book. The bond may be partially or fully withheld for the following reasons:

• Damage to the vessel or its equipment caused by your group.
• Excessive uncleanliness requiring additional cleaning ($300 minimum charge)
• Blocked toilets ($500 minimum charge for handling human waste).
• Unruly behaviour, rudeness to staff, or disobeying directions from the captain.
• Breach of charter conditions.
• Wearing non-marking footwear, resulting in cleaning charges.
Please note that if damages exceed the bond amount, the charterer is liable for the additional costs

9. CANCELLATION

TYSC reserves the right to cancel, reschedule, alter or relocate an Event or activities within an Event.
For all cancellation requests made, the entirety of the payment is non-refundable, except as otherwise provided in these terms and conditions.

The unlawful resale or attempt to resell your booking and/or ticket is grounds for seizure and cancellation without refund or compensation. Bookings and/or tickets at events shall not be used for advertising, promotions, contests or sweepstakes, without written authorisation by TYSC.

In the event that your purchase is cancelled; either as requested by you, or as a result to a breach of this agreement, TYSC may in its absolute discretion apply a termination fee.

10. EXCHANGES, REFUNDS & RESTRICTIONS

TYSC complies with the Australian Consumer Law (ACL). You are entitled to a refund or other remedy if the services provided by TYSC fail to meet consumer guarantees.

Subject to your rights under the ACL:

TYSC does not offer refunds or exchanges for:

Change of mind
Inability to attend
Change in personal circumstances
Weather conditions that do not result in cancellation of the event or service

If TYSC cancels an event or private charter before it commences, you will be offered either:

A full refund, or
A transfer of your booking to another event or date (subject to availability)

If a private charter is cancelled due to mechanical failure, and no alternative vessel or rescheduling is available, a refund will be provided.

If an event or private charter is cancelled due to government or public-health restrictions, TYSC will offer a credit, refund, or transfer at its discretion, depending on the circumstances.

Authority-Directed or Safety-Driven Changes
Where TYSC, the skipper or crew are required to comply with lawful directions from maritime authorities, Water Police, port authorities, emergency services or any other government body, such directions override any planned itinerary, routes, pick-up or drop-off wharves, or return schedules. Compliance with such authority-directed instructions does not constitute a failure of service and does not entitle guests to a refund or compensation.

Altered Format or Delays
If an event or charter proceeds in an altered format (e.g. changed route, non-raft-up, alternative return wharf, or delay due to unsafe conditions, marine incidents or authority intervention), refunds will not be offered.

Post-Disembarkation Travel & Other Costs
TYSC is not responsible for, and will not reimburse, any transport or other expenses incurred by guests after disembarkation from the vessel. This includes but is not limited to taxi fares, rideshare services, water-taxis, public transport, accommodation or other incidental costs, regardless of the reason for itinerary deviation.

Refunds, when applicable, will be processed to the original payment method. If payment was made by cheque, a cheque refund will be mailed upon confirmation of mailing details.

11. RIGHT OF ADMISSION, ACCESS & IDENTIFICATION

11.1 General Admission

TYSC reserves the right to refuse entry to, or to remove from an event, any person or persons at its sole and absolute discretion. Any person who causes a disturbance, refuses to comply with reasonable requests from TYSC, or is in breach of the agreement terms and conditions, may be removed from current and future events.

TYSC reserves the right to refuse entry to, or to remove from an event, any person or persons, who are drunk or disorderly or whose conduct has been or is unlawful or offensive.

No illicit substances or drugs may be brought to the Event or in or around the charter vessels. Any person found in possession of suspected illicit substances or drugs within or around the vicinity of the Event or charter vessels will be removed or refused entry and referred to the police.

If you refuse to leave the Event and police or water authorities are called to remove you from the Event, you may be subject to a $500-$2000 fine from the police or water authorities

11.2 Disabled Access

If you have a disability that will impact your ability to safely participate in any Event organised by TYSC, please make TYSC aware and we will facilitate you where possible.

It is your responsibility to disclose to us any physical or mental condition that may hinder access to, or participation in our Events. Anyone who cannot participate in actions reasonably associated with the Event unaided must be accompanied by a carer for the duration of the Event.

11.3 Identification

The Event held is strictly 21 years and older Event and you must confirm that you are aged over 21 years at the time of registration. You will be required to present one acceptable proof of age ID to enter the Event and Venue. TYSC accepts the following forms of proof of age ID: legally accredited driver’s licenses, learners permit, passports, proof of age cards. Proof of age identification is required to buy & consume alcohol and may be requested at any time; TYSC are not responsible for your form of identification. It is your responsibility to ensure that you bring valid identification where required.

11.4 Cleaning

TYSC reserves the right to determine if you have caused any excessive mess during the Event. A minimum cleaning fee of $300 will be applied at the sole discretion of TYSC in relation to the damage/mess caused by you.

12. PHOTOGRAPHY AND VIDEO WAIVER AND RELEASE

You agree that any photos, videos, recordings or other multimedia captured at the event can be used and/or reproduced by TYSC for the purposes of advertising, media, publicity, publication, web display, general display, or for any other purpose in whole or in part.

You hereby waive any interest that you may have in the copyright or intellectual property of the photos, videos, recordings or other multimedia now or at any future time and state that you do not expect to receive any payment or consideration in respect to them. You release TYSC, its employees and agents from any liability (including consequential loss) connected with the publication, reproduction, release or other use of these materials.

13. ENVIRONMENT

TYSC is an environmentally friendly entity. TYSC asks that at all Events, you are respectful and place any litter in the recycle or other bins provided at the Event venue.

14. COMPLAINTS AND DISPUTES

14.1 Complaints

If you wish to make a complaint or raise a dispute with us, you can do so by sending an email with your complaint to info@theyachtsocialclub.com. In the process of investigating a complaint, we may ask you to provide further information or evidence of your claim.

14.2 Disputes

In the event of any dispute under these Terms and Conditions the parties agree to attempt an effort to negotiate in good faith to resolve the dispute themselves prior to legal action. Where we cannot resolve a dispute within 21 days, we will notify you with the reason for the delay.

Where any dispute arising out of or in connection with these Terms of Service which cannot be resolved by the parties, the complaint shall be submitted to mediation in accordance with the Institute of Arbitrators & Mediators Australia, Mediation and Conciliation Rules.

You agree to reserve any legal action in relation to a dispute until the mediation process is completed.

15. WARRANTY

TYSC warrants that if any defect in any workmanship of TYSC becomes apparent and is reported to TYSC within three months (90 days) of the date of delivery, then TYSC at its sole discretion will replace or remedy the workmanship.

The following conditions are applicable to the warranty given by TYSC and/or and shall not cover any defect or damage:
(a) caused or partly caused by a failure by you to properly maintain the goods
(b) caused by failure by you to follow instructions provided by us.
(c) caused by use of any goods other than specified on the quote or work order.
(d) caused by any alteration made to the goods by another party.
(e) caused by fair wear and tear including any accidents; and
(f) caused by an act of God.

16. THIRD PARTIES

TYSC may use Third Parties for certain processes in the provision of our services. TYSC are not responsible for examining or evaluating the content or accuracy of any Third-Party materials.

TYSC do not warrant and will not have any liability or responsibility for any Third-Party materials or websites, or for any other materials, products, or services of third-parties.

TYSC are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.

Any complaints or questions regarding Third Party products should be directed to the Third Party.

17. INTELLECTUAL PROPERTY

Our website and content are the exclusive property of TYSC. Any information we provide to you is subject to change without notice.

18. PRIVACY

All personal information provided through our site or other means is governed by our Privacy Policy. To view our Privacy Policy, please visit our website.

19. ERRORS, INACCURACIES AND OMISSIONS

In the event of any errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability, TYSC reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.

TYSC undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

20. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
a) for any unlawful purpose.
b) to solicit others to perform or participate in any unlawful acts.
c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances or local laws.
d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others.
e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
f) to submit false or misleading information.
g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.
h) to collect or track the personal information of others.
I) to spam, phish, pharm, pretext, spider, crawl, or scrape;
j) for any obscene or immoral purpose; or
k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

TYSC reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Further, nothing in this agreement or on our websites, or any website owned, operated, licensed or controlled by TYSC shall confer on any third party any benefit or obligation.

21. LIABILITY

21.1 General Liability

You agree that The Yacht Social Club (TYSC), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, revenue, savings or data, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your participation in any TYSC event or charter, your use of the services, or any products procured through the service.
This includes (without limitation) any claim related to:

itinerary changes, route variations, early termination or alternative disembarkation required for safety, weather, operational or authority-directed reasons;
delays or deviations resulting from marine incidents or guest behaviour;
loss of enjoyment or disappointment;
costs incurred after disembarkation (including taxis, rideshare, accommodation or similar); and
any act or omission of another guest, skipper, crew member or third-party supplier.

Where jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

21.2 Force Majeure and Additional Items

Except as required by law, TYSC is not liable for any failure or delay in performing obligations under this Agreement where performance becomes impracticable due to circumstances beyond TYSC’s reasonable control. Such circumstances include, without limitation, natural disasters, severe weather, acts of terrorism, labour disputes, war, government acts or orders, epidemics or pandemics, quarantines, national or regional emergencies, authority-directed evacuations, or any other cause beyond our reasonable control.

Written notice of a failure or delay in performance due to force majeure must be given within five (5) business days of the event commencing. Event dates affected by force majeure will be tolled for the duration of such event.

22. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

23. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying TYSC in writing that you no longer wish to use our Services, or when you cease using our site.

In the event of any breach of this Agreement, TYSC may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and may deny you access to our Services.

24. GENERAL

24.1 Governing Law and Jurisdiction

This agreement is governed by the law in force in New South Wales, Australia. Both parties irrevocably submit to the non-exclusive jurisdiction of Courts exercising jurisdiction in New South Wales, Australia.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

24.2 Indemnification

You are responsible to TYSC for any loss, costs, expenses and damage incurred in connection with any claim or demand made by any third party arising out of your breach of this Agreement, or your breach of any law or of the rights of a third party relating to your use of our services and through any act of negligence on your behalf.

You agree to indemnify, defend and hold harmless TYSC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

24.3 Communication

Please direct all electronic communication to info@theyachtsocialclub.com. All physical correspondence is to be directed to 10 Rickard Avenue, Bondi, Sydney NSW.

24.4 Independent Legal Advice

You agree that you have read and understood the terms of this Agreement and acknowledge that you have had the opportunity to obtain independent legal advice with respect to the overall terms and conditions contained on this website.

25. ENTIRE AGREEMENT

No waiver by us, in exercising any right, power or provision in these Terms and Conditions shall constitutes a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

These Terms of Service and any policies or operating rules posted by TYSC on this site or in respect to the Service constitutes the entire agreement and understanding between you and TYSC and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and TYSC (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

FURTHER INFORMATION

If you have any further questions about the above terms, please forward your enquiry to info@theyachtsocialclub.com.