In this agreement, references to ‘SameBoat’, ‘us’, ‘we’ or ‘our’ means Same Boat Pty Ltd ABN 43 607 659 183 and we are the operator of sameboat.com and any other websites or platforms (including social media platforms) operated or controlled by us (collectively called ‘website’).
References to ‘you’ or ‘your’ means you as the person or legal entity using our website.
By using this website, you are agreeing to be automatically bound by these terms and conditions, our privacy policy, disclaimer and any other legal policy linked from our website. We encourage you to carefully read and understand these terms before using our website or any of our services. If you don’t agree, your remedy is to stop using our website.
We may update our terms from time to time and the new provisions will apply from the date they are updated.
No unlawful or prohibited use
As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions. You will not use this website to cause harm to any person.
You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party's use and enjoyment of this website. You agree not to hack into areas of this website that are not intentionally made available to you.
You expressly agree not to:
- use the website as a lead generation tool for your personal benefit or the benefit of another person or entity
- engage in any internal or external spamming, or other similar actions
- engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions
- decompile, reverse engineer, or try to copy or imitate the this website or underlying content
Links disclaimer
This website may contain links to other websites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of a Linked Site. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.
Promoted Services - disclaimer
If we promote third party products or services via our website it is because they have provided sponsorship, donations or supported us in some way. You must exercise your own judgment based upon your own personal circumstances before purchasing third party products or services.
Copyright, Trademarks and other Intellectual Property
SameBoat owns the intellectual property rights in the contents of the website or has permission to use or display the material on this website. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us. Please contact us if you require permission to reproduce any of the contents of this website.
Images and item descriptions posted on this website by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.
The names of actual companies and products mentioned on this website may be the trademarks of their respective owners. Any example companies, organizations, products, people and events depicted on this website are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Permission: You may access, download, or print material from the website for your personal use only. Sharing without prior permission is expressly prohibited. You are not permitted to use our copyright material for commercial profit of any sort. This means you cannot resell our services or copyright material without our express written permission. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.
Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the our website content or our intellectual property.
WARNING - WE DO NOT MONITOR THE POSTS ON OUR WEBSITE. IF YOU HAVE A MEDICAL EMERGENCY OR MENTAL CRISIS, YOU MUST SEEK IMMEDIATE HELP FROM A MEDICAL PROFESSIONAL.
We are aiming to create a peer support forum to encourage people to talk about the challenges they are facing so they can receive support from others who have been, or are in, the same boat. To foster an environment that encourages communication, it is important that your interactions with others on our website are non-judgemental and supportive.
We have formulated the below rules of engagement which you agree to abide by when posting material or comments on our website.
You agree:
- You will treat other people using our website with respect and courtesy and you will behave in a civil manner.
- You will not defame, libel, insult, abuse, harass, stalk, threaten or attack anyone.
- You will not deliberately disrupt conversations, partake in trolling style behaviour or post material that is off-topic, repetitive or excessively long.
- You will not transmit any unlawful, discriminatory, defamatory, obscene, offensive or scandalous content or any material that constitutes or encourages conduct that would contravene the law or disrupt the operations of the website.
- You will not post personal information about yourself or others without their permission (for example, telephone numbers, email or street addresses).
- We in no way endorse or otherwise support any view, opinion or comment posted by a member or contributor on our website and provide no warranty (express or implied) about the accuracy, currency or completeness of any material on our website.
- You will not post any material that is fraudulent, deceptive or misleading and you will not impersonate or falsely represent any other person or organisation.
- You will not post any material that advertises, offers or promotes anything of a commercial nature.
- You will not introduce any virus, malicious code or unauthorised cookies or similar technology onto our website or otherwise damage our website.
- You warrant that you have the right to post the material you post, the material is not confidential and you have the intellectual property rights in it. You agree you are entirely responsible and liable for any infringement you may make of another person’s intellectual property or other rights when using our website.
- You will comply with the terms of use of any platform (such as Facebook) that hosts our website.
- You use our website at your own risk and are responsible for evaluating the accuracy, currency, completeness and relevance of any material.
- You agree to indemnify us against any claim by a third party arising out of any breach by you of these terms of use.
If you breach these rules of engagement we may, in our sole discretion:
- Remove or refuse to post any material you have submitted (without any obligation to do so);
- Suspend or permanently block you from using our website and close your account;
- Report your conduct to the owner of the relevant platform and/or to any appropriate law enforcement authorities; and/or
- Take any other action, including legal action, which we consider to be appropriate.
Your content
You warrant that you hold the necessary rights and interests to use any material you add to our website or social media pages (your content) and that all of your content does not infringe any third party intellectual property rights, including copyright and trade mark rights.
By submitting your content to our website you irrevocably grant to us a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your content for the purpose of providing services to you, now or in the future. We will not use your content for any other purpose. You indemnify us against any claims made for breach of intellectual property rights in respect of your content.
At our sole discretion we may remove or disable your content if we believe your content to be in violation of our terms and conditions. We are not obligated to return any of your content to you under any circumstances.
Feedback, comments or complaints
If you have any questions, feedback or complaints about posts or responses to posts on our website, please contact us and we will usually respond to all enquiries within two business days.
Copyright infringement
If believe that there is material on our website that infringes third party intellectual property rights, please contact contact us with sufficient information to enable us to determine who is the owner of the intellectual property and to form the reasonable belief that there has been an infringement, then we will remove it from our website.
Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.
Security
We make efforts to maintain the security of our website. However, we do not guarantee the security of the website, our records, or your content. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.
Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time.
DISCLAIMER
WARNING - WE DO NOT MONITOR THE POSTS ON OUR WEBSITE. IF YOU HAVE A MEDICAL EMERGENCY OR MENTAL CRISIS, YOU MUST SEEK IMMEDIATE HELP FROM A MEDICAL PROFESSIONAL.
By choosing to read articles or discussions or to interact with others on our website, you acknowledge that you are responsible for decisions about your health and wellbeing and you agree to the terms of this disclaimer and to our other legal policies displayed on our website.
Your health and wellbeing is very important, and this website is designed to support you by connecting you with peers who may have had or be currently experiencing a similar journey to yours. We are not a health service provider and this website is not designed to tell you what to do, provide medical advice or diagnose or treat any condition including physical or mental illnesses.
While every care is taken, we make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained on our website or other online services for any purpose.
The forum enables you to connect with other participants who may provide you with advice, empathy or ideas.
Generally, participants have no professional qualifications and are only providing information and thoughts based on their own experiences. Their information may not be accurate, reliable or true and may not be suitable to your particular circumstances. We have no control over and do not check the accuracy of advice provided by participants and we in no way endorse the ideas or opinions posted on our website.
You use our website solely at your own risk and agree that you will not use the information found on our website to diagnose, treat, prevent or cure any condition including physical or mental illnesses. You agree you will do your own research and consult with a medical professional, or psychotherapist as required, prior to acting on any of the information available on our website. This is your responsibility.
To the maximum extent permitted by applicable law, anything contained on our website or other online services is provided "as is" without warranty or condition of any kind. This disclaimer applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of our online services or the services found on our online services.
Limitation of liability
We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements of Australian Consumer Law.
Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.
This limitation of liability applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.
Indemnity
You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
- any content you post via this website
- your unauthorised use of this website, or products or services included or advertised on this website
- your breach of these terms and conditions.
Applicable law
This agreement is governed by the laws of Queensland Australia and you consent to the exclusive jurisdiction and venue of courts in that State or the Federal Courts within Australia, in all disputes arising out of or relating to the use of this website.
You may provide notice to us through the contact us page. We may provide notice to you via email or other electronic means.
Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorized, it is your responsibility to stop using this website.
Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of this website.
Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website, or with regard to information provided to or gathered by us with respect to your use.
Validity
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.
These terms and conditions together with our privacy policy form the entire agreement between you and us in respect of your use of this website.
