Website Terms & Conditions (Australia)
Effective date: 15 Sep 2025
Site: https://wave.boats/ (the Site)
Provider: Wave Australia Intellectual Property Pty Ltd (ACN 690 399 038) (we, us, our)
1. Introduction
1.1 These Terms & Conditions (Terms) govern your access to and use of the Site. By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.
1.2 Additional terms may apply to specific features, events, promotions, or services made available through the Site (e.g., account, booking or operator terms). If there is a conflict, those specific terms prevail to the extent of the conflict.
1.3 We may update these Terms from time to time under clause 17.
2. Eligibility & your responsibilities
2.1 You must be at least 16 years old, or use the Site with parental/guardian consent.
2.2 You are responsible for: (a) ensuring information you provide to us is accurate and up to date; (b) your configuration, devices and internet connection; and (c) complying with applicable laws when using the Site.
3. Acceptable use
You must not:
- use the Site for unlawful purposes or to infringe third-party rights;
- access, probe or test the Site by automated means (e.g., scraping, crawling, harvesting), except as permitted by a robots.txt file or our prior written consent;
- upload or transmit malware, malicious code, or do anything that could disable, overburden or impair the Site;
- attempt to circumvent security or access controls;
- misrepresent your identity or affiliation, or impersonate another person;
- use the Site to send unsolicited electronic messages contrary to the Spam Act 2003 (Cth);
- copy, frame or mirror any part of the Site other than as allowed by law.
4. Accounts
4.1 If you create an account, keep credentials confidential and secure. You are responsible for activities under your account.
4.2 Tell us promptly about any unauthorised access or security incident.
4.3 We may suspend or terminate an account where we reasonably suspect breach, fraud, security risk or unlawful conduct.
5. Information on the Site (no professional advice)
5.1 Information on the Site is general in nature and may change without notice. You use it at your own risk, subject to your non-excludable rights under the Australian Consumer Law (ACL).
5.2 Nothing on the Site is legal, financial, tax, medical, safety or other professional advice.
6. Purchases (if applicable)
If you purchase goods or services through the Site:
(a) Pricing & GST: Prices are in AUD and [include/exclude] GST—see checkout for details.
(b) Orders: An order is accepted when we issue a written order confirmation. We may reject an order (e.g., due to availability or error) and provide a refund if payment was taken.
(c) Payment: You authorise us (and our payment processors) to charge your selected payment method for the amount shown at checkout, plus applicable taxes/fees.
(d) Delivery/availability: Any timeframes are estimates. Title and risk for physical goods pass on delivery.
(e) Consumer guarantees: Nothing in these Terms limits your non-excludable rights to a repair, replacement, refund or other remedy under the ACL where goods/services fail to meet consumer guarantees. Any "no refunds" wording does not apply to faulty goods/services or major failures.
(f) Returns: Our returns policy applies in addition to your statutory rights.
7. User content & feedback
7.1 If you post, upload or submit content to the Site (User Content), you:
(a) warrant you have all rights needed to do so and that your User Content is lawful and not misleading; and
(b) grant us a worldwide, royalty-free, transferable, sublicensable licence to host, store, reproduce, adapt, publish and display that User Content for the purpose of operating, improving and promoting the Site.
7.2 We may remove or disable access to User Content that we reasonably consider breaches these Terms or the law.
7.3 If you give us suggestions or feedback, we may use them without restriction.
8. Intellectual property
8.1 Unless stated otherwise, the Site and all content on it (including text, graphics, logos, icons, images, audio, video, layout and software) are owned by us or our licensors and are protected by Australian and international IP laws.
8.2 You may view the Site on your device and print one copy for personal, non-commercial use. You must not otherwise reproduce, adapt, distribute, publish or create derivative works from Site content without our written consent.
8.3 Trade marks (including WAVE, WAVE BOATS and associated logos) are our trade marks or those of our licensors. You may not use them without permission.
9. Third-party services, links & components
9.1 The Site may contain links to, or integrate with, third-party websites, services or components (e.g., maps, analytics, payment gateways). We do not control and are not responsible for those third parties. Your use is at your discretion and subject to their terms and privacy policies.
9.2 Open-source or third-party components included in the Site are licensed to you under their respective licences.
10. Privacy & cookies
10.1 Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, disclose and secure personal information and how to contact us about privacy queries.
10.2 Where we send electronic marketing, we comply with the Spam Act 2003 (Cth) (consent, sender identification and functional unsubscribe). You can opt-out at any time.
10.3 The Site may use cookies or similar technologies. You can manage cookies via your browser settings; some features may not work if cookies are disabled.
11. Availability, changes & suspension
11.1 We aim to keep the Site available, but it may be unavailable (in whole or part) due to maintenance, outages, updates or events beyond our control.
11.2 We may modify or discontinue features at any time. We will act reasonably and in accordance with the ACL.
11.3 We may suspend or restrict access if we reasonably consider it necessary to protect the Site, users or third parties.
12. Liability
12.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies you may have under the ACL or any other law that cannot lawfully be excluded.
12.2 To the maximum extent permitted by law, and subject to clause 12.1:
(a) the Site is provided "as is" and we exclude all warranties, representations and implied terms not expressly set out in these Terms;
(b) we are not liable for any indirect or consequential loss, loss of profits, loss of data, loss of goodwill, or business interruption; and
(c) our aggregate liability for all claims arising out of or in connection with the Site or these Terms is limited to the greater of AUD $1000 or the amounts you paid to us (if any) for the relevant goods/services in the 12 months before the event giving rise to liability.
12.3 If your claim relates to a failure to comply with a consumer guarantee and is not a major failure, our liability is (at our option) limited to resupplying the services or paying the cost of having the services resupplied, or (for goods) repairing or replacing the goods or paying the cost of repair or replacement.
13. Indemnity
To the extent permitted by law, you indemnify us (and our officers, employees and contractors) against losses, costs, expenses and liabilities we incur arising from your: (a) breach of these Terms; (b) unlawful or negligent use of the Site; or (c) infringement of third-party rights—except to the extent caused by our negligence or breach of law.
14. Notice-and-takedown (IP or other complaints)
If you believe content on the Site infringes your rights or is unlawful, please contact operations@wave.boats with: (a) your contact details; (b) a description and URL of the content; (c) why you say it infringes/is unlawful; and (d) evidence of your rights (if applicable). We may request further information while we assess and respond.
15. Force majeure
We are not responsible for delay or failure to perform caused by events beyond our reasonable control, including natural disasters, accidents, acts of government, labour disputes, internet or utility failures, denial-of-service or other attacks.
16. Assignment
We may assign or transfer our rights or obligations under these Terms (in whole or part) on notice. You must not assign your rights or obligations without our prior written consent (not to be unreasonably withheld).
17. Changes to these Terms
We may update these Terms by posting a new version on the Site with a new Effective date. If changes are material and you have an account, we will provide reasonable notice by email or in-app notification where practicable. Your continued use after the Effective date constitutes acceptance (subject to the ACL).
18. Governing law & disputes
These Terms are governed by the laws of New South Wales, Australia. The courts of that jurisdiction have non-exclusive jurisdiction. Nothing prevents a party seeking urgent injunctive or declaratory relief.
19. Severability
If any part of these Terms is invalid or unenforceable, that part is severed and the remainder continues in force.
20. Notices
We may provide notices electronically (including by email to your account email or by posting on the Site). You are deemed to have received an email notice when it is sent, and a Site notice when it is posted.
21. Contact
Wave Australia Intellectual Property Pty Ltd (ACN 690 399 038)
Email: operations@wave.boats
Postal: PO Box 449, Double Bay NSW 1360, Australia