By Ticking the box on checkout I accept the terms and conditions outlined in the section
WEBSITE TERMS AND CONDITIONS OF USE
About the Website
(a) Welcome to www.scmarinedoc.com.au. The Website provides
you with an opportunity to browse and purchase various products that have been listed
for sale through the Website. The Website provides this service by way
of granting you access to the content on the Website (the 'Purchase Services').
(b) The Website is operated by Fishwood Pty Ltd Trustee for Sunshine Coast
Marine Electrical T/A Sunshine Coast Marine Electrical Doctor(ACN 600 188 467). Access to and use of the Website, or any of its associated Products or Services, is provided by Fishwood Pty Ltd Trustee for Sunshine Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctor. Please read these terms and conditions carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) Fishwood Pty Ltd, Trustee for Sunshine Coast Marine Electrical T/A Sunshine
Coast Marine Electrical Doctor reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Fishwood Pty Ltd, Trustee for Sunshine Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctor updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the
Terms by clicking to accept or agree to the Terms where this option is made available to
you by Fishwood Pty Ltd, Trustee for Sunshine Coast Marine Electrical T/A Sunshine
Coast Marine Electrical Doctorin the user interface.
Use of the Purchase Services
(a) In order to access the Purchase Services on the Website, you must enter
Personal information. As part of the checkout process, or as part of your continued use
of the Purchase Services, you are required to provide personal information about
yourself (such as identification or contact details), including:
i. Email address
ii. Mailing address
iii. Telephone number
(b) You warrant that any information you give to Fishwood Pty Ltd, Trustee for
Sunshine Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctor in the course of completing the registration process will always be accurate, correct and up to
date.
(c) You may not use the Purchase Services and may not accept the Terms if:
i. you are not of legal age to form a binding contract with Fishwood Pty Ltd Trustee
for Sunshine Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctor;
or
ii. you are a person barred from receiving the Purchase Services under the laws of
Australia or other countries including the country in which you are resident or
from which you use the Purchase Services.
Purchase of Products and Returns Policy
(a) In using the Purchase Services to purchase the Product through the Website,
you will agree to the payment of the purchase price listed on the Website for the
Product.
(b) Payment of the Purchase Price may be made through PayPal, and Stripe. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
(c) Following payment of the Purchase Price being confirmed by Fishwood Pty Ltd
Trustee for Sunshine Coast Marine Electrical T/A Sunshine Coast Marine Electrical
Doctor, you will be issued with a receipt to confirm that the payment has been received
and Fishwood Pty Ltd, Trustee for Sunshine Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctor may record your purchase details for future use.
(d) Fishwood Pty Ltd, Trustee for Sunshine Coast Marine Electrical T/A Sunshine
Coast Marine Electrical Doctor may, at their sole discretion, provide a refund on the
return of the Products within 7 days where the Product packaging is unopened and
remains in a saleable condition. You acknowledge and agree that you are liable for any
postage and shipping costs associated with any refund pursuant to this clause. Sunshine Coast Marine Electrical Doctor does not insure your goods or accept responsibility for the damage, loss or theft whilst in transit to your nominated address. Products purchased online are sent via courier or Australia Post with a signature on delivery requirement. Risk of loss and title for all products purchased from Sunshine Coast Marine Electrical Doctor will pass to the customer upon leaving Sunshine Coast Marine Electrical Doctor delivery warehouse.
Warranty
(a) Fishwood Pty Ltd Trustee for Sunshine Coast Marine Electrical T/A Sunshine
Coast Marine Electrical Doctors Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product as agreed by the manufacturer. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure .
(b) You may make a claim under this clause for material defects and workmanship in the Products within a period specified by Manufacturer from the date of purchase.
(c) In order to make a Warranty Claim during the Warranty Period, you must
provide proof of purchase to Fishwood Pty Ltd, Trustee for Sunshine Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctor showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Fishwood Pty Ltd, Trustee for Sunshine Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctorat.
(d) Where the Warranty Claim is accepted then Fishwood Pty Ltd, Trustee for
Sunshine Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctorwill, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for
parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
(e) The Warranty shall be the sole and exclusive warranty granted by Fishwood Pty
Ltd, Trustee for Sunshine Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctor and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
(f) All implied warranties including the warranties of merchantability and fitness
for use are limited to the Warranty Period.
(g) The Warranty does not apply to any appearance of the supplied Products nor
to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or
construction.
(h) The cost of sending the item/s back to Fishwood Pty Ltd, Trustee for Sunshine
Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctorare the buyers
responsibility
Delivery
(a) You acknowledge that the Purchase Services offered by Fishwood Pty Ltd,
Trustee for Sunshine Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctor integrate delivery through the use of third party delivery companies.
(b) In providing the Purchase Services, Fishwood Pty Ltd, Trustee for Sunshine
Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctor may provide you
with a variety of delivery and insurance options offered as part of the Delivery Services
by the Delivery Service Providers listed in our Shipping Policy . You acknowledge and
agree that Fishwood Pty Ltd, Trustee for Sunshine Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctor is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
(c) In the event that an item is lost or damaged in the course of the Delivery
Services, Fishwood Pty Ltd, Trustee for Sunshine Coast Marine Electrical T/A Sunshine
Coast Marine Electrical Doctor asks that you:
(i) contact the Delivery Service Provider directly to request a refund or to claim on
any insurance options available; and
(ii) contact us by sending an email to ask@scmarinedoc.com.au outlining in what
way the Products were damaged in transit so we are able to determine if the Delivery
Service Provider should be removed from the Purchase Services.
Copyright and Intellectual Property
(a) The Website, the Purchase Services and all of the related products of Fishwood
Pty Ltd, Trustee for Sunshine Coast Marine Electrical T/A Sunshine Coast Marine
Electrical Doctor are subject to copyright. The material on the Website is protected by
copyright under the laws of Australia and through international treaties. Unless
otherwise indicated, all rights (including copyright) in the site content and compilation
of the website (including text, graphics, logos, button icons, video images, audio clips
and software) are owned or controlled for these purposes, and are reserved by Fishwood Holdings Pty Ltd Trustee for Sunshine Coast Marine Electrical T/A
Sunshine Coast Marine Electrical Doctor or its contributors. Fishwood Pty Ltd, Trustee for Sunshine Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctor retains all rights, title and interest in and to the Website and all related content.
Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, industrial design, trade mark,
or copyright of Fishwood Pty Ltd Trustee for Sunshine Coast Marine Electrical T/A
Sunshine Coast Marine Electrical Doctor; or
(b) the right to use or exploit a business name, trading name, domain name, trade
mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a system or process).
(d) You may not, without the prior written permission of Fishwood Pty Ltd, Trustee
for Sunshine Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctorand the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
Privacy
(a) Fishwood Pty Ltd, Trustee for Sunshine Coast Marine Electrical T/A Sunshine
Coast Marine Electrical Doctortakes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Fishwood Pty Ltd Trustee for Sunshine Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctor's Privacy Policy, which is available on the Website.
General Disclaimer
(a) You acknowledge that Fishwood Pty Ltd, Trustee for Sunshine Coast Marine
Electrical T/A Sunshine Coast Marine Electrical Doctordoes not make any terms,
guarantees, warranties, representations or conditions whatsoever regarding the
Products other than provided for pursuant to these Terms.
(b) Fishwood Pty Ltd, Trustee for Sunshine Coast Marine Electrical T/A Sunshine
Coast Marine Electrical Doctorwill make every effort to ensure a Product is accurately
depicted on the Website, however, you acknowledge that sizes, colours and packaging
may differ from what is displayed on the Website.
(c) Nothing in these Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(d) Subject to this clause, and to the extent permitted by law
(i) all terms, guarantees, warranties, representations or conditions which are not
expressly stated in these Terms are excluded; and
(ii) Fishwood Pty Ltd, Trustee for Sunshine Coast Marine Electrical T/A Sunshine
Coast Marine Electrical Doctorwill not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(e) Use of the Website, the Purchase Services, and any of the products of
Fishwood Pty Ltd, Trustee for Sunshine Coast Marine Electrical T/A Sunshine Coast
Marine Electrical Doctor(including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Fishwood Pty Ltd Trustee for Sunshine Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctor, are provided to you on an available & basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors,
third party content providers or licensors of Fishwood Pty Ltd, Trustee for Sunshine
Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctor including any third party where the Delivery Services are made available to you) make any express or
implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Fishwood Pty Ltd Trustee for
Sunshine Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctor) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to
correct defects, delay in operation or transmission, computer virus or other harmful
component, loss of data, communication line failure, unlawful third party conduct, or
theft, destruction, alteration or unauthorized access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the
Purchase Service, or any of its Content related products (including third party material
and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Purchase Services or any
of the Products;
(iv) the Content or operation in respect to links which are provided for the User's
convenience:
(v) any failure to complete a transaction, or any loss arising from e-commerce
transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or
publication of any materials relating to or constituting such conduct.
Limitation of Liability
(a) Fishwood Pty Ltd Trustee for Sunshine Coast Marine Electrical T/A Sunshine
Coast Marine Electrical Doctor total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort
(including negligence), in equity, under statute or otherwise, will not exceed the most
recent Purchase Price paid by you under these Terms or where you have not paid the
Purchase Price, then the total liability of Fishwood Pty Ltd, Trustee for Sunshine Coast
Marine Electrical T/A Sunshine Coast Marine Electrical Doctor is the resupply of
information or Purchase Services to you.(b) You expressly understand and agree that Fishwood Pty Ltd Trustee for Sunshine Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctor, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) Fishwood Pty Ltd, Trustee for Sunshine Coast Marine Electrical T/A Sunshine
Coast Marine Electrical Doctor is not responsible or liable in any manner for any site
content (including the Content and Third Party Content) posted on the Website or in
connection with the Purchase Services, whether posted or caused by users of the
website of Fishwood Pty Ltd Trustee for Sunshine Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctor, by third parties or by any of the Purchase Services offered by Fishwood Pty Ltd Trustee for Sunshine Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctor.
(d) You acknowledge that Fishwood Pty Ltd, Trustee for Sunshine Coast Marine
Electrical T/A Sunshine Coast Marine Electrical Doctor does not provide the Delivery
Services to you and you agree that Fishwood Pty Ltd, Trustee for Sunshine Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctor will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Fishwood
Pty Ltd, Trustee for Sunshine Coast Marine Electrical T/A Sunshine Coast Marine
Electrical Doctoras set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) notifying Fishwood Pty Ltd, Trustee for Sunshine Coast Marine Electrical T/A
Sunshine Coast Marine Electrical Doctorat any time; and
(ii) closing your accounts for all of the Purchase Services which you use, where
Fishwood Pty Ltd, Trustee for Sunshine Coast Marine Electrical T/A Sunshine Coast
Marine Electrical Doctorhas made this option available to you.
(c) Your notice should be sent, in writing, to Fishwood Pty Ltd, Trustee for
Sunshine Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctor via the
Contact Us; link on our homepage.
(d) Fishwood Pty Ltd, Trustee for Sunshine Coast Marine Electrical T/A Sunshine
Coast Marine Electrical Doctormay at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any
provision;
(ii) Fishwood Pty Ltd, Trustee for Sunshine Coast Marine Electrical T/A Sunshine
Coast Marine Electrical Doctoris required to do so by law;
(iii) the partner with whom Fishwood Pty Ltd, Trustee for Sunshine Coast Marine
Electrical T/A Sunshine Coast Marine Electrical Doctoroffered the Purchase Services to
you has terminated its relationship with Fishwood Pty Ltd, Trustee for Sunshine Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctoror ceased to offer the Purchase Services to you;
(iv) Fishwood Pty Ltd, Trustee for Sunshine Coast Marine Electrical T/A Sunshine
Coast Marine Electrical Doctoris transitioning to no longer providing the Purchase
Services to Users in the country in which you are resident or from which you use the
service; or
(v) the provision of the Purchase Services to you by Fishwood Pty Ltd, Trustee for
Sunshine Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctoris, in the opinion of Fishwood Pty Ltd Trustee for Sunshine Coast Marine Electrical T/A Sunshine Coast Marine Electrical Doctor, no longer commercially viable.
(e) Subject to local applicable laws, Fishwood Pty Ltd, Trustee for Sunshine Coast
Marine Electrical T/A Sunshine Coast Marine Electrical Doctorreserves the right to
discontinue or cancel your membership to the Website at any time and may suspend or
deny, in its sole discretion, your access to all or any portion of the Website or the
Purchase Services without notice if you breach any provision of the Terms or any
applicable law or if your conduct impacts Fishwood Pty Ltd Trustee for Sunshine Coast
Marine Electrical T/A Sunshine Coast Marine Electrical Doctor name or reputation or violates the rights of those of another party.
(f) When the Terms come to an end, all of the legal rights, obligations and
liabilities that you and Fishwood Pty Ltd, Trustee for Sunshine Coast Marine Electrical
T/A Sunshine Coast Marine Electrical Doctor have benefited from, been subject to (or
which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
Indemnity
(a) You agree to indemnify Fishwood Pty Ltd Trustee for Sunshine Coast Marine
Electrical T/A Sunshine Coast Marine Electrical Doctor, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage
(including legal fees on a full indemnity basis) incurred, suffered or arising out of or in
connection with any Content you post through the Website;
(ii) any direct or indirect consequences of you accessing, using or transacting on the
Website or attempts to do so and any breach by you or your agents of these Terms;
and/or
(iii) any breach of the Terms.
Dispute Resolution
(a) Compulsory:If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b) Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(c) Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms Parties must:
(i) Within 7 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 7 days after the date of the Notice, the Dispute
has not been resolved, the Parties must either agree upon selection of a mediator or
request that an appropriate mediator be appointed by the President of the NSW Fair
Trade or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator
and the cost of the venue of the mediation and without limiting the foregoing undertake
to pay any amounts requested by the mediator as a pre-condition to the mediation
commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Sydney, Australia.
(d) Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
(e) Termination of Mediation: If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
(a) The Purchase Services offered by Fishwood Pty Ltd, Trustee for Sunshine Coast
Marine Electrical T/A Sunshine Coast Marine Electrical Doctor is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
Governing Law
(a) The Terms are governed by the laws of Queensland, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent legal
advice and declare the Terms are not against public policy on the grounds of inequality
or bargaining power or general grounds of restraint of trade.
Severance
(a) If any part of these Terms is found to be void or unenforceable by a Court of
competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
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