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AQUASPORTS MARINE TERMS & CONDITIONS
This website www.aquasportsmarine.com.au (the “website”) is a mixed-use website where users can browse, select, and order a range of products advertised through Aquasports Marine (ABN: 27 689 062 562). This website is operated by Aquasports Marine and throughout the site, the terms “we”, “us” and “our”, these terms refer to Aquasports Marine.
By accessing, browsing, or purchasing through our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”), including those additional terms which are referenced herein and/or available via hyperlink, such as our Privacy Policy. By using this website, you guarantee that you have read, understood, and agreed that: (1) you have the capacity to abide by this agreement and the authority to decide to engage in this agreement; (2) you are bound to these terms and conditions; and (3) you agree to comply with all local rules and laws.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The Terms and Conditions are relevant until terminated by Aquasports Marine.
Aquasports Marine reserves the right to terminate these terms at any time without notice.
Aquasports Marine reserves the right to terminate any part of the website, any users access, any products provided or the website (in its entirety). 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.
DISCLAIMER
The information contained in this website is provided on an “as is” basis. Aquasports Marine does not represent or warrant the reliability, accuracy or completeness of the information contained on this website. To the extent permitted by law, Aquasports Marine is not responsible or liable for any direct, indirect, or consequential losses or damages, arising in a way (including without limitation negligence) for errors in, or omissions from, the information on this website.
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Illustrations and photos contained within this website are sample representations of the products, variations of the product which are not depicted may occur. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
LINKS & THIRD-PARTY ACCESS
This website may contain links to external websites (Third-Party Links) that are not operated by Aquasports Marine. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not be liable for any third-party materials or websites, or for any other services, material, and products of third-party sources.
In accessing third-party links, you do so at your own risk and accept responsibility. Please review the third-party’s policies and practices and make sure you understand them before you engage in any transaction. All complaints, claims, concerns, or questions regarding third party products should be directed solely to the third-party.
PRICING MODIFCATIONS & SERVICES
The prices of products, delivery and other charges displayed on Aquasports Marine’s website are current at the time of publication; however, Aquasports Marine reserves the right to change prices, modify services or discontinue the service or sale (of any part or content thereof) without notice at any time.
All prices shown on Aquasports Marines website are in Australian Dollars (AUD).
When accessing our website to purchase a good or service, you acknowledge that you will be charged, and agree to pay the following fees and charges in relation to an order that we accept. You accept (1) the purchase price of each individual product that is ordered; (2) the delivery fee for delivering these products to your specified location; and (3) any other fees and charges set out in these terms and conditions or by third party processing.
All fees and charges identified in these terms and conditions and all prices for the products as shown on Aquasports Marine’s website are inclusive of GST (unless otherwise indicated).
You acknowledge that we are not required to, or obliged to match any prices for products, including matching any prices for a product that is available through Aquasports Marines website at our store or vice versa.
Should a scenario occur where price matching is considered, only current pricing with supplementary links to a reputable website may be provided. Photos, Screenshots or Print-outs of products will not be accepted as viable tender in negotiations. You acknowledge that we have the right to refuse price matching.
Any orders placed on items with incorrect prices due to data entry error can be cancelled, refunded, or refused by Aquasports Marine.
Discounts apply to original prices for a limited time only. Not valid in conjunction with any other offer. Discounts cannot be transferred, placed on hold, or replicated (used more than once).
Discounts and promotional pricing cannot be applied after the order is confirmed, paid, or processed. Aquasports Marine reserves the right to change prices without notice, at our discretion. The sale price of products will only be honoured at the time the product is purchased at the sale price. If the item later goes on sale, after being purchased (at the time) at full price, we are not required to discount, reimburse, or offer the item at a cheaper price.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer.
ERRORS, INACCURACIES & OMISSIONS
Occasionally, there may be information on our site or in our services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve 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 (including after you have submitted your order).
We are under 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.
PROHIBITED USES
In addition to prohibitions set forth in the Terms and Conditions, the user is prohibited from accessing the site or its content for; (a) any unlawful purpose; (b) to solicit other individuals or businesses or to participate in any unlawful activity; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinance; (d) to infringe upon or violate Aquasports Marine’s intellectual property rights, or the intellectual property rights of others; (e) to harass, abuse, insult, defame, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, nationality or disability; (f) to submit misleading or false information about oneself or others; (g) to upload malicious code, transfer viruses or other operations that will in any way affect the functionality and operational mechanisms of the website, linked websites, third party members or internet; (h) collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape any persons or enterprises; (j) to interfere with or circumvent security features on the website or related services.
Aquasports Marine reserves the right to terminate your use of the service at any time should you violate any of the ‘Prohibited Uses’ guidelines.
DISCLAIMER OR WARRANTIES- LIMITATION OF LIABILITY
All products are covered by a manufacturer’s warranty. The period of warranty varies depending on the product in question. The specifics of each product and their endowed warranty period can be found on the manufacturer’s website.
If any defect in materials or workmanship is discovered in a product sold by Aquasports Marine and we are notified within the warranty period, then we will organise for the replacement or repair of the product.
Warranty replacement or repair is subject to Aquasports Marine being satisfied that a defect was cause by defective workmanship or manufacturer fault. Warranty excludes other factors such as defective installation, maintenance or repair, alterations, or modifications of the product in a manner not recommended by the manufacturer, or any neglect, misuse, or excessive use.
When filing for a warranty claim, the original Sales Invoice or cash receipt must be provided. If you do not have a copy of the following documents, there is no guarantee warranty is still applicable. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Where freight expenses are incurred for the return of a faulty product, these expenses are not refundable (i.e. any rehandling charges incurred either to or from the service department will be at the customer expense).
The Service, and all products and services delivered to you through the service are (provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Aquasports Marine, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.
This includes;(without limitation) lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
USER SUBMISSIONS, COMMENTS & FEEDBACK
We may, but have no obligation to monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these terms and conditions.
The individual (yourself) agrees that your comments will not violate any right or any third-party, including copyright, trademark, privacy or other personal or proprietary rights. You may not use a false e-mail address, impersonate any other individual except yourself, nor may you mislead Aquasports Marine or Third-Party sources by altering your personal details.
PERSONAL PRIVACY
Your submission of personal data is governed through our Privacy Policy. Please refer to our Privacy Policy sub-section for further information.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate personal and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns & Exchanges Policy.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Aquasports Marine 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.
SEVERABILITY & TERMINATION
If 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 and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms and Conditions are effective unless and until terminated by us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also 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/or accordingly may deny you access to our Services (or any part thereof).
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Aquasports Marine.
CONTACT INFORMATION
Aquasports Marine
189 Bannister Road,
Canning Vale WA 6155
ABN: 27 689 062 562
Ph (08) 9250 3339
