Blue Water Hunting International - Terms of Use

Welcome to the Blue Water Hunting International web site (the Web Site). The Web Site is owned and operated by Blue Water Hunting International.. By accessing, browsing, or using this Web Site, you agree to be bound by these Terms & Conditions, without modification of the terms, conditions, and notices contained herein. If you do not agree to these Terms & Conditions then please do not use the Web Site.

You should also refer to our Privacy Policy, which contains important information regarding personal information you may provide to us on the Web site.

Any reference to we, us and our in these Terms and Conditions is a reference to Blue Water Hunting International.

Privacy Policy

User Rights and Obligations
No Unlawful or Prohibited Use.
As a condition of your use of this website, you warrant to Blue Water Hunting International that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You must not:
1. Disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;
2. Violate any Applicable Law relating to your use of the Site; or
3. Collect or store personal data about other users of the Site.

Use of the Site Is At Your Risk

You use the Site at your risk and everything on the Site is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.

Use of Content

The Website is available only for your personal and non-profit use. We have the right to change or discontinue any feature of the Website. You may make a single hard copy of the Content. You may not otherwise copy, reproduce, republish, frame, post, upload, distribute, transmit or modify in any way all or any part of the content contained on this Website, unless expressly provided for on the Website or expressly authorized in writing by Blue Water Hunting International. You must not transmit or attempt to transmit any data, code or other material of any kind to this Website that contains a virus or other harmful component.

Warranties & Liabilities

We do not warrant that the Website will operate error free or that this Website and its servers are free of computer viruses and other harmful data, code, components or other material. Nor do we warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Website, or will give notice of such use, modification or alteration. If your use of the Website or the Material results in the need for servicing or replacing equipment or data, we are not responsible for those costs.

Limitation of Liability

To the extent permitted by law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Site and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.

Third Party/linked sites

We have not reviewed all of the sites linked to this Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through advertisements or through any search engines). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.

Your correspondence or dealings with, or participation in promotions of, advertisers on the Site are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Site.

Liability Disclaimer

The information, vidoes and trips offered on the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Blue Water Hunting International may make improvements and/or changes to this website at any time. Blue Water Hunting International makes no representations about the suitability of the information and services contained in the website for any purpose. All such information, products and services are provided "as is" without warranty of any kind. Blue Water Hunting International hereby disclaims all warranties and conditions with regard to this information, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Blue Water Hunting International be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, or for any information, products, and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, even if Blue Water Hunting International has been advised of the possibility of damages.

You should conduct your own due diligence in relation to the purchase and use of our products and/or services. You also agree that we are not liable for any success or failure of your taking part in any of our trips or spearfishing activities.

Products and Services
The terms "Product" means the products advertised for sale on the Website; "Website" means the website owned by Blue Water Hunting International; "You" and "your" are references to persons purchasing Product.

By ordering a Product from this Website you expressly agree to be bound by these Purchase Terms and Conditions. This agreement ("Agreement") is between you and Blue Water Hunting International.

Placing an order

The prices on the Web Site and any other information in respect of a Product is not an offer to sell but is an invitation to treat only, and is subject to the availability of the Product, which may change from time to time. You may offer to purchase goods by completing the order form and submitting it with your credit card details for the price of the Product to the email address on the form. Your Order must contain all ordering information specified on the order form.

You may not cancel an Order once it is submitted, even if our acceptance or rejection of your offer is still pending. Blue Water Hunting International reserves the right to accept or reject in its absolute discretion any Orders which may be received by it for any reason including, without limitation, the unavailability of any Product, an error in the price or the Product description on the Order Page, or an error in an order made by you. Blue Water Hunting International is not required to give reasons for rejecting your offer to purchase.

Blue Water Hunting International will refund your payment should your offer be rejected. If Blue Water Hunting International rejects your offer to purchase the goods for any reason, neither it nor you will be under any further liability to the other arising out of your original offer or its non-acceptance of that offer.

Blue Water Hunting International gives no undertaking as to the availability of Product advertised on this Website and the prices shown are subject to alteration without notice. The prices at which the Product is sold are inclusive of any goods and services tax imposed under Australian law ("GST").

Payment, Receipts & Delivery

Payment for Product sold by Blue Water Hunting International to you must be tendered at the time of placing an Order by enclosing credit card details for the price of the Product ordered with the Order and submitting it to Blue Water Hunting International at its email address on the order form. Blue Water Hunting International accepts the order by you to purchase a particular Product for the price when the bank or other financial institution in which Blue Water Hunting International deposited it clears your credit card payment.

Description of Product

Descriptions on this Website of Product are descriptive only. Actual finished Product delivered to you may be subject to minor variations.

Risk and Title

Blue Water Hunting International retains title to a Product until the Product is delivered. Title and risk in the Product will pass on shipping of the Product to you.

Exclusions and Limitations

All statutory and implied conditions and warranties are excluded to the extent permitted by law. To the extent permitted by law, the liability of Blue Water Hunting International under any condition or warranty which cannot legally be excluded (including those under the Trade Practices Act 1974) is limited to the replacement or repair of the Product or supply of equivalent Product; or the payment of the cost of replacing or repairing the Product or of acquiring equivalent Product.

You acknowledge that you do not rely and it is unreasonable for you to rely on the skill or judgment of Blue Water Hunting International as to whether the Product supplied is reasonably fit for any purpose for which it is being acquired.

Except to the extent expressly provided for in this Agreement, Blue Water Hunting International has no liability (including liability in negligence) for any loss or damage consequential or otherwise suffered or incurred in connection with the Product provided by Blue Water Hunting International, including but not limited to any loss or damage consequential or otherwise suffered or incurred and caused by or resulting directly or indirectly from any failure, defect or deficiency of any kind of or in the Product.

Indemnity

You indemnify Blue Water Hunting International regardless of any negligence on its part, against all losses, liabilities, legal costs and other expenses incurred by Blue Water Hunting International arising directly or indirectly as a result of or in connection with the breach by you of any provision of this Agreement or any willful, unlawful or negligent act by you in connection with the supply by Blue Water Hunting International to you of, or use by you of, any Product.

Notices and Claims

Any warranty or other claims by you under this Agreement are as well as any questions you may have in connection with this Agreement should be emailed or sent to Blue Water Hunting International at the address set out on the Web Site.

Governing Law and Jurisdiction

The law of the State of Victoria, Australia governs this Agreement. The parties submit to the non-exclusive jurisdiction of the courts of this State and the Federal Court of Australia.

Modification of These Terms and Conditions

Blue Water Hunting International reserves the right to change the terms, conditions, and notices under which this website is offered. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Blue Water Hunting International as a result of this agreement or use of the website.

Any rights not expressly granted herein are reserved.

In addition to the general terms and conditions, Blue Water Hunting International reserves the right to refuse acceptance of any advertisement it considers inappropriate for whatever reason. For details of Blue Water Hunting International's’ privacy policy please read our privacy policy.

Correspondence should be directed to the registered business office or emailed to enquiries@bwhi.com.au

 

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