DATE POSTED: 18/01/2017
INTRODUCTION AND PRELIMINARY TERMS
This section contains information about our Site and features. It also explains how to access the Site and provides links to our policies. Our policies include those which apply to your use of the Site, and what we do with any personal information we collect as you use the Site.
Who we are. Welcome to Malibu Boats Europe located at www.malibu-boats.eu shall be referred to as 'Site', which is owned and operated by Malibu Boats Europe, a trading division of Malibu Boats LLC ('we', 'the Company', 'our' or 'us', as applicable). Please see paragraph 25 for further legal and company information about us.
Our Site and its features, We provide a number of different features from this Site including:
general information regarding our services, the Malibu brand and the Company;
the following online tools: New Boat Configurator, Used Boat Search, Finance Calculator, My Malibu, & Athletes League. Please see Section B for further information and the specific terms that relate to these tools;
registering your interest with us in order to receive up to date information about Malibu Boats; and
requesting a brochure about a particular Malibu Boat model or other Malibu goods and services.
How to contact us. If you have any queries or concerns regarding these Terms, please contact us at:
Telephone number: +34 951 979 870
Address: Malibu Boats Europe, Avda. Ricardo Soriano, 72, Portal B, Planta 1, Marbella, 29601, Malaga, Spain.
How to make a complaint or request for further information from us. If you have any general complaints or wish to request further information about the Site, please contact us via the email address provided above and we will do our best to resolve these.
Your feedback. Your feedback and suggestions about the Site are always gratefully received by us however you understand that we may use these without any obligation to compensate you for them and you are, of course, under no obligation to us to provide them.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the postal or email address you have provided to us when using the features of the Site. We will only contact you with marketing communications in accordance with your marketing preferences.
THESE TERMS AND CONDITIONS
Using these Terms. These Terms are organised into 3 sections. Sections A and C apply to all Site users, including those visiting to just browse the pages of the Site ('Visitors'). Section B applies to the use of certain key features and online tools that we make available through the Site.
Definitions. To make these Terms quicker to read, we use a few definitions
Malibu Dealership - means a Malibu Boat dealer within the Malibu Boats Europe authorised network;
Product - means a product displayed for sale on the Site and which you can purchase from us via the Site;
user/you - means a user of the Site.
Why you should read these Terms. Please read these Terms and the related policies carefully before you start to use the Site, as these will apply to your use of the Site and the Products you order and purchase from the Site. These terms tell you who we are, how we will provide Products and/or Services to you, what features are available on the Site, what to do if there is a problem and other important information. In particular, please read the terms relating to the limitations of our liability to you, before using this Site.
Printing these Terms. We recommend that you print or save a copy of these Terms for future reference.
Accepting these Terms. By using our Site, you confirm that you accept these Terms and that you agree to comply with them. Every time you wish to order Products from Site, please check these Terms to ensure you understand the Terms which will apply at that time. These Terms were most recently updated on the date of posting that appears at the top of this page.
ACCESSING AND USING THE SITE
Registering with us. Anyone can access this Site using their web browser and internet connection. However, if you want to access the My Malibu or join the Malibu European Athletes League features on the Site, you will need to sign up and create an account. For that purpose, you must be 18 years of age or older and resident within Europe. For more information about the My Malibu or Malibu European Athletes League features of the Site see paragraph 8.4.
Site availability. We try to make the Site available at all times, but, of course, due to the inherent nature of online and internet based services, we cannot guarantee this.
Creating an account. Whilst you do not have to create an account to use the Site, you can sign up and create an account on the account registration page in order to access the My Malibu and Malibu European Athletes League features of the Site. The My Malibu and European Athletes League features will require you to set-up individual accounts for these features. If you are under the age of 18 years, we require you set-up these accounts with the permission of an adult.
Providing accurate information. You must make sure that all the information you provide when you register with the Site is true, accurate, current and complete.
Updating your account. If you change any of your registration details (e.g. email address, postal address), you must update your account in My Malibu and or Malibu European Athletes League. Delivery addresses, marketing preferences, and email addresses can then be updated within each of these accounts.
Keeping your account details confidential. To help us maintain the security of the Site, you must keep your registration details confidential. If you become aware of any misuse or unauthorised use of your registration details, then you must inform us immediately by sending us an email to email@example.com.
Reasons why we may close or suspend your accounts.
If you have breached, or we have justifiable reason to believe that you have breached, or will breach, these Terms, we may close or suspend your registration and/or access to the Site.
We reserve the right to delete your account and any personal data or other information associated with your use of the Site if there is no activity on either of your accounts for more than 36 consecutive months.
When can I close my account? You can close your account at any time. If you would like to delete your account, please contact us at firstname.lastname@example.org.
Please note that you will have different rights depending on whether you are acting as a consumer or whether you are acting in the course of a business. Please see below for an explanation of you repsective rights.
GENERAL INFORMATION AND OVERVIEW OF KEY TOOLS AND FEATURES
We provide general information on the pages of our Site regarding the Company and the Malibu Boats brand, including information about vessel safety, environment, dealers and news about events, wakeboarding, wakesurfing, and waterskiing.
The content and information that we make available on the Site is provided for information only. Any images of vessels on the Site are for illustrative purposes only and the vessels available for sale may differ to those shown on the Site. The colours of vessels shown by your device's display may not match the actual colour of the vessels. We cannot guarantee and you should not assume that any vessel shown on the Site means it is actually available for sale. We reserve the right to discontinue any vessel models or make changes to the price, colour, description or specification of any vessel shown on the Site. Please see further paragraphs 15 and 17 for details regarding our content and the information we provide on the Site.
We also provide access to a number of different tools and features on the Site which are free for you to use. These include:
the 'New Boat Configurator' feature, where you can design and build your desired Malibu Boat by selecting your boat model, choosing your engine and browsing through our range of exterior colours, features, upholstery and more;
the 'Used Boat Search' tool that allows you to search and locate pre-owned Malibu Boats that are available for purchase from each Malibu Dealership based on your search criteria;
the 'Finance Calculator' tool, where you can specify the Malibu Boat you would like to purchase and provides the price of a Malibu boat and the finance plans available to you;
the 'My Malibu' account area, which allows you to register and add details of your Malibu Boat in order to manage its maintenance and upkeep;
the 'Register My Malibu' tool enables you to register your Malibu Boat, and we will provide additional information you will find of use relating to your Model Malibu Boat;
registering your interest with us in order to receive up to date information about Malibu Boats; and
requesting a brochure about a particular Malibu boat model, or other Malibu goods and services.
We provide our online tools for your private, non-commercial use only within Europe. You may not use the online tools for commercial, business or resale purposes and we reserve the right to restrict your usage of the tools and other data services at any time. In accordance with paragraph 18.3, you shall not carry out data mining, screen scraping or crawling of any of our tools or use any process or processes that send automated queries to any of our tools unless you have obtained our prior written consent. Please see further the General Provisions in Section C. These also apply to your use of all the online tools on our Site so please read these and the terms in this Section C before using these tools.
USED MALIBU BOAT SEARCH
This Site includes a tool that allows you to search and locate for pre-owned Malibu Boats that are available for purchase from a Malibu Dealership based on your search criteria.
Selecting a boat and/or making an enquiry using this tool does not create a contract or other binding obligation between you and a Malibu Dealership. We ask each Malibu Boat Dealership to confirm the details of the pre-owned boats and related information provided to us is up to date, however we do not independently verify the accuracy or completeness of that information. Consequently, it is possible that boats that the Pre-Owned Malibu Boat Search tool indicates are available for purchase have already been sold.
The sale agreement for any vessel listed by the Pre-Owned Malibu Boat Search Tool is not concluded on the Site and you will need to visit the applicable Malibu Boat Dealership to make your purchase. The purchase process will start when you visit the applicable Malibu Boat Dealership in the same way it would if purchasing a vessel in person from a dealership's showroom and/or premises. A Malibu Boat Dealership representative will provide and discuss with you the terms and conditions relating to your purchase of the pre-owned boat.
If you decide to purchase the pre-owned boat, the agreement for the purchase of the boat will be between you and the applicable Malibu Boat dealership. We (Malibu Boats Europe) do not enter into these agreements and, as we are not a party to them, do not have any obligations under them.
By registering an account you can use the “My Malibu” feature that we provide within the Site. This feature allows you to add details of your Malibu Boat to the account, so that you can manage its maintenance and upkeep. You can add and update your contact details and select your preferred Malibu Boat Dealership. You can also track the progress of a new boat order from the factory to you.
If you are registering a vehicle on My Malibu, you must be its owner or registered keeper or have the express permission of the owner or registered keeper to do so.
Services, Pricing and Order Tracking
The services available from your local Malibu Boat Dealership may vary from time to time and although we try to reflect these accurately on the Site, the details provided are illustrative and do not constitute a binding offer of any kind. All pricing will be finalised with you at your local Malibu Boat Dealership.
Prices quoted on the Site are our recommended on-the-water prices and may vary from time to time. All pricing will be finalised with you at your local Malibu Boat Dealership.
The accuracy of the 'order tracking' information provided on My Malibu (in relation to orders you have placed with a Malibu Boat Dealership) is not guaranteed. Always contact your preferred Malibu Boat Dealership directly for accurate information on the status of your order/s.
Specification for new vessels
The specifications and details of new vehicles, extras and accessories contained in My Malibu are for information purposes only. We cannot confirm the exact specifications of the vessel you have ordered. If you require any specific feature, you must consult your preferred Malibu Boats Dealership, who will be regularly updated with any change in specification.
Please check model availability and full specification details with your preferred Malibu Boats Dealership prior to ordering. Neither we nor our partners accept responsibility for your reliance on the information contained on the Site.
Performance figures and specifications relating to Malibu Boats available on My Malibu are indicative only and performance cannot be guaranteed. Figures indicating potential fuel consumption and CO2 emission levels given are standard EU test figures for comparative purposes and may not reflect real navigation results.
CONFIGURE YOUR MALIBUI
The Site includes an online tool which you can use to configure your desired Malibu by selecting your model, choosing your engine and browsing through our range of colours, option, upholstery and more. The feature allows you to save, print or generate a code assigned to your configured vehicle, so you can easily access the vehicle specification to discuss at your local Malibu Boats Dealership.
The agreement for the purchase of the Malibu Boat is not concluded on the Site as you will need to visit the applicable Malibu Boat Dealership to enter into the relevant agreement(s) to purchase the vessel. A Malibu Boat Dealership representative will provide and discuss with you the terms of the contract for the purchase of the vessel and, if you decide to proceed with the purchase, the contract will be entered into at the Malibu Boat Dealership (and not with the Company).
TERMS OF SALE: FOR CONSUMERS
This paragraph 11.2 only applies if you are a consumer.
Age restrictions on purchasing Products. If you are a consumer, you may only purchase Products from the Site if you are at least 18 years of age and resident in Europe.
Getting advice about your consumer rights. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
TERMS OF SALE: FOR BUSINESS CUSTOMERS
This paragraph 11.3.1 only applies if you are a business or are acting in the course of a business.
You confirm that you have authority to bind any business on whose behalf you use the Site to purchase Products.
Products with manufacturer's guarantees. Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
What is a manufacturer guarantee? If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
CANCELLATIONS AND RETURNS
These paragraphs 11.13 to 11.24 set out details of your rights to cancel or return the Products you order.
EXERCISING YOUR RIGHT TO CHANGE YOUR MIND (CONSUMER CONTRACTS REGULATIONS 2013)
Your right to change your mind. If you have received a Product and change your mind, you may cancel the order and obtain a refund for that Product provided you notify us within 14 days of receipt, in accordance with paragraphs 11.14 to 11.24 of these Terms.
How long do you have to change your mind?
a) Your legal right to cancel a Contract ends 14 days after the day on which you or a person you have identified takes physical possession of the Product. However, if you have ordered:
i more than one Product in a single order or the order is made of several lots or pieces, your legal right to cancel will not end until 14 days after the day on which we complete the delivery of the last of those Products, lots or pieces; or
ii a regular delivery of Products over a defined period, your legal right to cancel will 14 days after the day on which we complete the delivery of the first of those Products.
What about other contracts I have entered into? If you cancel a Contract, all ancillary contracts you have entered into associated with the cancelled Products will be automatically cancelled (for example any consumer credit arrangements or extended Product warranties) at no cost to you.
When you DO NOT have the right to change your mind. We cannot offer refunds or exchanges, unless faulty or not as described, on the following items:
Return of Products at your own cost. You will need to arrange for return of the item(s) to us at your own cost, quoting your order number. Please see paragraph 11.23 for details regarding returning your Products to us. We will only reimburse you for any delivery or other costs that you incur in returning damaged or faulty Products to us, or where the product is not as described. Your relevant order number must be quoted on all returns.
Taking reasonable care of the Products whilst they are in your possession. You may of course inspect the Products that you purchase from us. However, whilst you are deciding whether to keep your purchases, you do have a statutory duty to take reasonable care of our Products. Accordingly, please do not damage the Products whilst you inspect them and please store and handle all Products with care and in a manner that is appropriate for the type of Product, including in accordance with any user manuals. Products must be returned complete (i.e. with any accessories or other parts that you receive with the Products) and, where possible, with all original packaging.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
Who owns the content of the Site? All of the content on the Site is owned by (and all copyright, trade mark and other intellectual property rights in that content, shall at all times remain vested in) us or our licensors and is protected by international copyright and other intellectual property laws.
What does our content include? Our content includes any information or other material found on the Site, including without limitation text, databases, graphics, videos, software, tools and all other features found on the Site, including the look and feel, design, structure, scripting and code of those features and the Site.
Restrictions on use of our Site and its content. We make the Site and our content (including any valuation, quotation and other tools and features) available through the Site for your personal, non-commercial use only. You may view the Site's pages and content online. You may not otherwise reproduce, modify, copy or distribute or use any of the content on the Site, other than as expressly permitted under these Terms without our prior written consent.
To be clear, you are not in any circumstances permitted to:
make commercial use of any such content;
edit any such content; or
remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to, or are contained within, the content.
Who owns the trade marks on the Site? The trade marks appearing on the Site are owned by us or our licensors including Malibu Boats. No permission is given in respect of the use of any of these marks or brands, and any such use may constitute an infringement of the holder's rights.
GENERAL PROHIBITIONS ON ACCESS AND USE OF THIS SITE
Restrictions on your use of the Site. You may use the Site only for lawful purposes. You may not use the Site:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors in any way; or
to knowingly transmit, send or upload any data or other material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of our Terms;
not to access without authority, interfere with, damage or disrupt:
a) any part of the Site;
b) any equipment or network on which the Site is stored;
c) any software used in the provision of the Site; or
d) any equipment or network or software owned or used by any third party.
You shall not carry out data mining, screen scraping or crawling of this Site, its pages or its content or use any process or processes that send automated queries to this Site unless you have obtained our prior written consent.
You may need to download software to use certain content on the Site. You acknowledge that you may need to download and activate certain software in order to use certain content provided and sold on the Site. This software will be clearly identified on the Site.
You may need to accept third party licence terms to use certain content on the Site. In order to use such third-party software or technology, you may have to accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third-party software.
You acknowledge that the Site may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability.
We do not therefore endorse, or make any representations about, them or any content found there or any results that may be obtained from using them.
Accessing third-party websites at your own risk. If you decide to access any of these third-party websites, you do so entirely at your own risk.
When can you link to the Site. You may only link to the Site provided that:
the homepage is not loaded into frames on your website, unless we expressly agree;
your site or services do not misrepresent its relationship with us or present false information about us or otherwise harm our business or conflict with our interests or values; and
we reserve the right to withdraw linking permission any time without prior notice.
We respect the intellectual property rights of others. We prohibit users of the Site from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person's intellectual property rights.
It is our policy to comply with clear notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement or a counter-notice, please contact us using the details provided at the start of these Terms.
Our right to terminate your usage rights for repeat infringers of others copyright. Additionally, it is our policy to terminate usage rights and any applicable user accounts of users we determine to be repeat infringers of others' copyright. Please see paragraph 5.5 for further details.
We are not responsible for content hosted on third-party websites accessible from this Site. Content hosted on third-party websites accessible from this Site is the responsibility of those websites, and not our responsibility. If you are the copyright owner of content hosted on a third-party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.
How we will communicate with you. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This paragraph 22 does not affect your legal rights.
OTHER IMPORTANT TERMS
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to these Terms and where you may bring legal proceedings. These terms are governed by the law of England and Wales and you can bring legal proceedings in the English courts. Nothing in this paragraph shall deprive you of the right to bring or defend proceedings in your home state nor of the protection afforded to you by the mandatory rules of law of the country in which they live. For example, if you live in Scotland you can bring legal proceedings in either the Scottish or the English courts and if you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or English courts.
Reliance on these Terms. We intend to rely on these written Terms and any document expressly referred to in them in relation to their subject matter. We and you will be legally bound by these Terms.
We are not responsible for delays outside our control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control. In such circumstances including fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, our inability or delay in performing our obligations will not be deemed to be in breach of contract.
References to 'including' and other similar expressions. In these Terms, words that appear after the expression 'include', 'including', 'other', 'for example', 'such as' or 'in particular' (or any similar expression) will not limit the meaning of the words appearing before such expression.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Waiver. If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.
Language. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail.
Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we or an Owner has handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the IDRS (part of the Centre for Effective Dispute Resolution) via their website at http://www.cedr.com/idrs/. IDRS will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
CHANGES TO THESE TERMS
We may make changes to these Terms at any time by sending you an email with the modified Terms or by posting a copy of them on the Site. Any changes will take effect 7 days after the date of our email or the date on which we post the modified terms on the Site, whichever is the earlier. If you continue to use the Site after that period has expired, it means that you accept any such changes.
LEGAL INFORMATION AND CONTACT DETAILS
This Site is owned and operated by Malibu Boats Europe, a division of Malibu Boats LLC, a company incorporated in Deleware. Our registered office address is Malibu Boats Europe, Avda Ricardo Soriano 72, Portal B, Planta 1, Marbella, Malaga, 29601, Spain.
Our registered company number is N4007959B.
For our correspondence address, telephone and email contact details, please visit our Contact Us page.
What information do we collect about you?
We may collect and process the following data about you ('your information'):
information that you submit online via our Site, including, without limitation: your name, address, phone number and boats details, which are uploaded through our various webforms (such as those provided to register with My Malibu or when registering for the Malibu European Athlete League account;
any correspondence you send to us;
details of your visits to the Site and the resources that you access (which may include, amongst other things, traffic data and communication data); and
details of transactions you carry out or orders you place through the Site.
We are aware that your information may be confidential and we will protect the confidentiality of your information in accordance with our normal procedures and legal requirements.
Accessing your My Malibu account via your mobile phone or mobile app
If you choose to access your account from a mobile device, Malibu Boats may collect data about your location using the GPS function of your mobile device. Location data may be used by Malibu Boats to enable you to take full advantage of My Malibu's functions and it may also be analysed by us to understand the distribution of My Malibu users and to tailor marketing messages to you (if you have opted to receive marketing information from Malibu Boats). Your mobile device will usually ask your permission before allowing the App to access or transmit your location data and will provide you with the option to accept or decline to use this function (refusing permission is likely to impede your ability to take full advantage of the functions of My Malibu or the Malibu European Athletes League).
How will we use your information?
We use your information in the following ways:
to ensure that the Site's content is presented as effectively as possible for you;
for our internal purposes, such as quality control, site performance, system administration and to evaluate use of the Site, so that we can provide you with enhanced services;
to notify you about changes to our services;
to provide you with information about products or services that you request from us, or which we feel may interest you based on your marketing preferences);
to create reports to assist with future marketing;
to carry out our obligations arising from any contracts with you and for billing and delivery purposes; and
to enable you to participate in the features of the Site, when you choose to do so.
We may monitor your use of the Site and record your email address and/or IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical information about our users' browsing actions and patterns and does not identify any individual.
We collect non-personal aggregated statistics data about visitors to the Site and sales and traffic patterns. This information does not identify users in any personal capacity and we do not use this information to build profiles on individual users. The information collected is generalised information about the users of the Site.
If you are an existing customer, we may contact you by email / SMS / telephone / post with information about products and services which are similar to those we previously provided to you, unless you have indicated that you do not want to hear from us.
If you are a new customer, we may contact you by email / SMS / telephone / post only if you consent.
We may also pass your information to our Malibu Dealerships and other organisations (if you consent) who may contact you to provide marketing information about their products and services by email / SMS / telephone / post.
If you do not want us to use your information in this way, please tick the relevant boxes during the order process when we collect your information. You may ask us at any time not to use your information for marketing purposes by contacting us at email@example.com.
Where do we transfer your information?
We will neither transfer nor store your information outside the European Economic Area ('EEA').
1.15 Please do not send us your information if you do not want it to be transferred or stored within the EEA. By providing your information to us you agree and consent to us storing your information within the EEA.
With whom do we share your information?
We may share your information with other organisations:
if we sell or buy any business or assets (as we may share your data with the prospective seller or buyer);
if we or substantially all of our company assets are acquired by another party, in which case your information will be one of the transferred assets;
with Malibu Dealerships;
with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006;
with business partners, suppliers, sub-contractors for the performance of any contract we enter with them or you; and
if we have to share your information to comply with legal or regulatory requirements, or if we have to enforce or apply our Terms or any other agreements or to protect our rights, property or our customers, etc. This may involve exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
We may share the non-personal aggregated statistics data about visitors to the Site with third parties.
We may also share your information with selected third parties for the purposes of credit card clearance/credit reference/order fulfilment/delivery/data analysis/customer support/storage services.
We may pass your email address to selected third parties (as described in paragraph 1.12 above) provided that you have explicitly consented to this when we take your order.
We do not send any personal information that we collect about you on the Site to any social media sites that you link to your account, e.g. Facebook, nor do we share that information with such sites. We do not collect any personal information about you from those sites.
How do we keep your information secure?
All your information is stored on our secure servers. Any actions you perform on the site which are related to your account will be encrypted. If you have a username, password or other login details which enable you to access certain parts of the Site, you must not allow any other person to use them and must treat them as confidential. If you believe or suspect that someone else knows your login details you must contact us at firstname.lastname@example.org.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will apply our normal procedures and comply with legal requirements to protect your information, we cannot guarantee the security of your information transmitted to the Site and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
the Site may from time to time contain links to and from other websites. If you follow a link to any of those sites, please note that those sites ought to have their own privacy policies and that we do not accept any responsibility or liability for those sites or for their privacy policies. Please check those privacy policies before you submit your information to those sites. Please also see our Terms for further provisions relating to other websites.
You can access and rectify certain parts of your personal information by logging into your My Malibu or Malibu European Athletes League.
Under the Data Protection Act you have the right to see the personal information that we hold about you, whether collected through your use of the Site or through any communications that you have had with us. You have the right to access your information and should direct any request for your information to us at email@example.com. Please note that currently a fee of ten euros (EUROS10.00) may be payable to meet our costs in providing you with details of the information we hold about you.
You have the right to rectify your information by sending a written request to us at firstname.lastname@example.org.
You have the right to ask us not to process your information (or pass your information to other companies or organisations) for marketing purposes. You can tick the appropriate box on the forms when we collect your information or later at any time by contacting us at email@example.com.
If you have a complaint about how we have used your information, you have the right to complain to the Information Commissioner's Office.
How to contact us
The Site is owned by Malibu Boats Europe, which is a division of Malibu Boats LLC, Deleware, a company incorporated in Deleware. Our company registration number is N4007959B and our registered office address is: Avda. Ricardo Soriano, 72 Portal B Planta 1, Marbella, 29601, Malaga, Spain.