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TERMS AND CONDITION

iAqua Watersports Pty Ltd Terms and Conditions of Service (“Terms”)

Date of last update: 28 September 2020

Introduction

These are the Terms of iAqua Watersports Pty Ltd A.B.N. 47 632 211 824 (“we”, “us”, “our” or “iAqua”). By purchasing our products and using our services, you agree to be legally bound and to abide by these Terms. If you do not agree with these Terms, you must refrain from purchasing our products and using our services. We may modify these Terms at any time, without notice to you. When we change these Terms, we will also update the “Date of last update” at the top of these Terms. You should check this page occasionally to ensure you are familiar with any changes.

Accuracy of product descriptions

We try to ensure that information provided through our website is accurate and current. However, we cannot guarantee the accuracy, adequacy, currency, or completeness of information on our website. For example:

  • Colours of products may change, and all products are subject to availability;

  • Variations to products may occur from time to time for various reasons including changes in ranges or product specifications;

  • While we try to represent products (including colours accurately), the representation on your screen may be different to the actual product;

  • Descriptions of products are summaries only. Further information is available on request;

  • We may withdraw any product from sale for any reason, however, that product might still appear on our website for a period of time after that withdrawal; and

  • Due to technical or human error, information may be recorded incorrectly or omitted.

We make no representation that a product shown on our website will be available for purchase, either immediately or at all.

Services, Time and Manner of Delivery

We will provide such products and services to you as are set out in the quote, which we will provide to you on request. Our quote is valid for thirty (30) days from the day it is emailed to you. We reserve our right to alter or decline a quote after the expiry of thirty (30) days. The products and services will be provided to you within the timeframe specified in the quote. Time frames and date of delivery are provided for guidance only and we make no guarantee that the products and services will be performed within the specified period. If no one is available to take delivery and the product is returned, you will then be responsible for paying an additional charge for re-delivery.

Fees, Payment and Charges

The fees payable for the products are on our website and are inclusive of GST (if any). Please contact us to obtain a quote for our products and services. International orders (where available) will be processed in Australian dollars. If you order products for delivery outside Australia (where available), the products may be subject to import duties and taxes which are levied when the delivery reaches its destination. You will be responsible for payment of these duties and taxes. We may alter prices and delivery charges for any reason at any time. If there is a pricing mistake on our website, we are not obliged to honour such price, and will contact you prior to processing your order. Payment in full is required before we process your order. We accept payment by bank transfer or credit card (credit card fees may apply), or any other method notified by us from time to time.

Cancellations

You may cancel your order within 7 days of placing it. If you do, we will refund your payment. Otherwise, no refunds (or exchanges) are given for change of mind.

Warranty, returns and liability

While we do our best to keep our website up to date and error free, mistakes can occur. We do not accept responsibility for any loss suffered as a result of reliance on the accuracy, adequacy, completeness or currency of information on our website. If you have acted in reliance on a mistake on our website, we are not obliged to honour the mistake, and will contact you prior to processing your order.
We do not warrant that access to our website will be uninterrupted or error free. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through our website.
We offer a full warranty against defects in materials and workmanship; 6 months for commercial users, and 12 months for private users. If your purchase fails due to a major fault, then you can ask for a full refund or a replacement. Alternatively, we will repair it free of charge. If your purchase fails due to a minor fault, then we will, at our sole discretion, repair it, replace it or offer you a refund.
To the extent permitted by law, any other condition or warranty which would otherwise be implied into these Terms is excluded.
We do not warrant that our website, its servers, or emails sent from us are free of viruses or other harmful components.
We will not be liable for any damage of any kind arising from the use of this website including but not limited to direct, indirect, special, incidental or consequential damages.

Limitation of Liability

To the extent allowed by law, our liability to you for loss or damage arising from or in relation to our products and services, whether arising from breach of contract, tort (including negligence) or otherwise, is limited to the total fees payable by you for the products and services.

To the extent allowed by law, we exclude all liability to you for any indirect, special or consequential loss, damages or costs, loss of profit or revenue, loss of business, business interruption, loss of data or loss of goodwill arising from or in relation to the products and services.

We shall not be liable for any delay in performing, or any failure to perform, any of our obligations if the delay was due to any event outside our reasonable control.

You are liable for and will indemnify us, our directors, employees and contractors from and against any liability, loss, claims, costs, damages or expenses that may result from any third-party claims arising out of or in relation to the provision of the products and services, and will reimburse us for all costs and expenses (including legal fees on a solicitor/client basis) incurred by us in connection with any such action or claim.

Links

Our website may provide links to other websites. This is done for your convenience only. We take no responsibility for the accuracy or currency of the information on those sites. We do not endorse any information, goods or services referred to within those sites, and our provision of these links should not be taken as an endorsement.

Intellectual Property

We own all intellectual property rights in and to our website and the products and information displayed in it and other material underlying and forming part of our website. Use of our trademarks or any intellectual property, information or other material from our website is not permitted without our prior written consent. Any other trademarks we use are used with the permission of their respective owners.

Termination or suspension

We may at any time and without notice to you:

  • change the format and content of our website;

  • stop providing, suspend or restrict operation of our website; and

  • While we try to represent products (including colours accurately), the representation on your screen may be different to the actual product;

  • stop providing our products and services (either in whole or in part).

No such action on our part will affect any of our rights or your responsibilities under these Terms.

Relationship with you

We are an independent contractor, not an employee. This engagement does not create a partnership relationship; you, nor we, have the authority to enter contracts on the other’s behalf.

Relationship with others

You agree that we will not be prevented or restricted by virtue of our relationship with you under this agreement from providing our services to our other clients, some of whom may be in competition with you or have interests that conflict with your own.

Severability

If any part of these Terms is held to be illegal, invalid or unenforceable by a Court of law, the legality, validity and enforceability of the remaining parts will not be affected.

Waiver

Any failure or delay by us to enforce any provision of these Terms will not be interpreted as a waiver of our rights or remedies.

Force majeure

Neither party will be liable to the other for any delay or failure to fulfil its obligations (excluding payment obligations) under this agreement to the extent that any such delay or failure arises from causes beyond its control.

Assignment

Neither of us may transfer, charge or otherwise seek to deal with our rights or obligations under this agreement without prior written consent of the other party.

Entire agreement

This agreement is the entire agreement between you and us relating to our services. It replaces and supersedes any previous correspondence, understandings or other communications (written or oral).

Applicable law

These Terms shall be governed and interpreted by the laws of New South Wales, Australia. Any dispute arising from the Terms, or a breach of the Terms, will be subject to the exclusive jurisdiction of the Courts of New South Wales, Australia and any Court that can hear appeals therefrom.

Feedback

We value and welcome your feedback, comments and suggestions. If you have any feedback, comments or suggestions, please contact us at info@iaquawatersports.com.au.