Terms & Conditions
Introduction
These Terms & Conditions (“Terms”, “Agreement”) are an agreement between L & R Boat Latch Pty Ltd (“us”, “we”, or “our”) and you (“User”, “you”, or “your”). This Agreement sets forth the general terms and conditions of your use of our website and any of its products or services (collectively, “Website” or “Services”).
Accounts and Membership
If you create an account on our Website, you are responsible for maintaining the security of your account and fully responsible for all activities that occur under the account. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must notify us immediately of any unauthorised uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Billing and Payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time.
Sales and Returns Policy
In the unlikely event that a return of item is requested, it must include all original items in undamaged, re-saleable condition, with original packaging, including manuals, warranty forms, etc. Shipping and handling fees are not refundable. Buyer is responsible for shipping costs incurred when sending products back. We pride ourselves on our professional, discreet and safe packing and posting procedures. So, on the odd chance that a parcel is broken, without photographic proof, we cannot be held liable for the damage. We try as hard as we can to get your items to your door the way they are meant to be.
Exchanging an item for a different item:
If you wish to exchange an item for another item, it must be returned to us in new, unused condition within 14 days or receipt. Once we receive the item, the exchange item will be shipped out to you. Any additional fees and shipping costs will be the responsibility of the customer.
Accuracy of Information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, promotions, and offers. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).
Third-Party Services
If you decide to enable, access, or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services.
Prohibited Uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Intellectual Property Rights
This Agreement does not transfer from us to you any of our or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with L & R Boat Latch Pty Ltd. All trademarks, service marks, graphics, and logos used in connection with our Website or Services, are trademarks or registered trademarks of L & R Boat Latch Pty Ltd or L & R Boat Latch Pty Ltd licensors. Other trademarks, service marks, graphics, and logos used in connection with our Website or Services may be the trademarks of other third parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any L & R Boat Latch Pty Ltd or third-party trademarks.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will L & R Boat Latch Pty Ltd, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence, or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of L & R Boat Latch Pty Ltd and its affiliates, officers, employees, agents, suppliers, and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to L & R Boat Latch Pty Ltd for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold L & R Boat Latch Pty Ltd and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any wilful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Changes and Amendments
We reserve the right to modify this Agreement or its terms related to the Website or Services at any time at our discretion. We will notify you of any material changes to this Agreement by email or by posting a notice on the Website prior to the change becoming effective. The amended Agreement shall be effective immediately after such notice.
Termination
This Agreement is effective unless and until terminated by either you or us. We may terminate this Agreement at any time for any reason and without notice. You may also terminate this Agreement by discontinuing your use of the Website or Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Entire Agreement
This Agreement constitutes the entire agreement between you and us regarding the use of the Website and Services. It supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and us.
Governing Law
This Agreement shall be governed and construed in accordance with the laws of the State of Queensland, Australia, without regard to its conflict of law provisions.
Dispute Resolution
Any dispute arising out of or relating to this Agreement or your use of the Website or Services will be settled by binding arbitration in accordance with the rules of the Australian Arbitration Association (“AAA”). The arbitration shall take place in Brisbane, Queensland, Australia, and the arbitral award may be enforced in any court having competent jurisdiction thereof.
Contact Us
If you have any questions about this Agreement, please contact us at [email protected].
