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TERMS & CONDITIONS

We Are Marine




Terms & Conditions Marinehub Pty Ltd ABN 19 639 786 575

Welcome to the We Are Marine Marketplace. These terms and conditions together with our Privacy and Security Policy, our Returns and Refund Policy and our Delivery Policy (collectively referred to as these Terms and Conditions) govern your use of https://www.wearemarine.com (Site). Please read these Terms and Conditions carefully before using the Site. By using the Site or by purchasing any Product, you agree to these Terms and Conditions. If you do not agree to the Terms and Conditions, you should stop using the Site.

We may update or amend these Terms and Conditions at any time. Please check the Terms and Conditions regularly to ensure you’re aware of the current version.

Introduction and Definitions

1.1. Marinehub Pty Ltd ABN 19 639 786 575 (also referred to as ‘we’, ‘our’, ‘us’ or ‘We Are Marine’) operates an online marketplace platform via the Site, allowing customers to purchase all things related to marine activities.

1.2. In these Terms and Conditions, the following defined terms apply: ‘Business Day’ means a day that is not a Saturday, Sunday or public holiday in either Melbourne, Sydney, Brisbane, Adelaide or Perth. ‘Buyer’ (also referred to as ‘you’ or ‘your’) means a person who browses the Site, being a potential buyer of a Product via the Site, and also a person who wishes to purchase, or has already purchased, any Product from a Seller; ‘Product’ means a good or service advertised by, or sold by, a Seller on the Site; and ‘Seller’ means any entity that lists a Product on the Site for sale as identified on the listing for that Product.

The We Are Marine Marketplace

2.1. We Are Marine provides a platform for Sellers to list Products for sale, and for you to purchase Products from Sellers. We are not a party to any contract between you and a Seller, except where We Are Marine is listed as the Seller. Each order placed by you will form a separate contract between you and Seller which incorporates these Terms and Conditions.

2.2. We rely on Sellers to provide information about their Products. We use reasonable endeavours to ensure that the information we include on the Site is accurate and up-todate. However, we cannot guarantee the accuracy, currency or completeness of the information provided to us. To the maximum extent permitted by law, we accept no responsibility for errors in any content on the Site at any time.

2.3. We do not guarantee that your use of our Site will be uninterrupted or error-free, or that materials accessible on or through the Site will be free from errors, viruses, worms or other harmful codes.

2.4. If you think any content on this website is inappropriate or unlawful or infringes your rights, please contact us at sales@marinehub.com

Your Use of the Site

3.1. You agree to only use the Site in accordance with these Terms and Conditions and any applicable laws. Without limiting this clause 3.1, you agree that you must not:

3.1.1. use data mining, scraping or similar data gathering tools or attempt to copy any data available via the Site; or

3.1.2. interfere with, disrupt or otherwise adversely affect the Site or any associated equipment, or any security related features of the Site.

3.2. Several features of the Site may require you to create an account with us. To create an account, you will be asked to provide us with information about you and to create a password. You can update your information or your password by accessing your account after signing in.

3.3. You must ensure that only you have access to your account and must maintain the confidentiality of your password. You must notify us immediately if you suspect that your account is being used by a third party or if your password may no longer be secure.

Placing Orders

4.1. You must have legal capacity to enter into contracts in order to purchase Products on the Site.

4.2. To purchase a Product, you must: (i) add the Product to your Shopping Cart; (ii) review your Shopping Cart to ensure you have selected the correct Product; (iii) provide the required details as part of the Checkout process; (iv) nominate a payment method; and (v) submit the order to finalise your purchase. Your order will only be finalised after your receive a confirmation email from us.

4.3 By making an order, you expressly authorise us, before accepting your order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.

4.4. Once your order is confirmed, a contract will be formed between you and the Seller, and your order will be fulfilled by the Seller for that Product. The Seller reserves the right to refuse to accept your order for any reason. We will contact you if the Seller is unable to accept your order for any reason (including if the Product is no longer available).

4.5. Unless otherwise stated, all transactions are processed in Australian dollars (AUD) and are inclusive of all applicable taxes.

4.6. When purchasing a Product, your payment and financial details are passed through a secure server to our third party payment processing provider. If you have any questions regarding our data security, please review our Privacy and Security Policy or contact our customer support centre via email at Privacy & Security.

Shipping and Shipping and Delivery Policy

5.1. Our Delivery Policy details our shipping and delivery terms. Standard delivery times for Products purchased through the Site are between three and twenty Business Days from the date your order is confirmed. In the event that an ordered item is not available or it is not possible to fulfil your order, we will endeavour to notify you within ten business days to arrange an alternative Product, a backorder or a full refund. In some cases there may be a delay in processing orders due to the Time & Tide Marketplace fraud detection process.

Returns and Refunds

6.1. Our Returns and Refunds Policy provides details about when you can seek to exchange, return or obtain a refund for a Product. These rights are in addition to your rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

6.2. If necessary, we or the Seller may request further information from you in relation to the exchange, return or refund.

6.3. Products may also be covered by a manufacturer or Seller’s warranty. Details of this warranty will be included either on the listing for the Product, on the manufacturer’s website, or with information delivered to you when you receive the Product. You must familiarise yourself with the manufacturer’s/Seller’s warranty and comply with its terms when seeking to exercise any rights under that warranty.

Liability

7.1. To the maximum extent permitted by law, We Are Marine and its directors, officers, employees and agents (“Released Parties”) exclude all liability for any loss or damage (including, without limitation, direct, indirect, special or consequential loss, loss of profits or loss of opportunity) which you suffer, whether arising under contract, tort (including negligence), equity, statute, or any other cause of action, or otherwise, as a result of using the Site. You release the Released Parties from all such claims and liability.

7.2. The Site and all information included in the listing for each Product is provided “as is”. To the maximum extent permitted by law, we exclude all warranties, representations, implied terms and guarantees about the currency, accuracy, suitability, functionality or reliability of the information on the Site or about the Products. Except as expressly provided in a Product listing or these Terms and Conditions, the Seller makes no representation and gives no warranties in relation to any Product.

7.3. In respect of any conditions, warranties and guarantees which cannot be excluded by law, to the extent permitted by law, the liability of the We Are Marine for a breach of such a condition, warranty or guarantee is limited (at its option) to supplying the services again or payment of the cost of having the services supplied again.

7.4. We Are Marine will not be liable for any failure to perform its obligations under these Terms and Conditions where that failure is caused by any action or cause which is beyond the reasonable control of We Are Marine including, without limitation, any form of technological failure or the actions of third parties including any Seller which is not We Are Marine. We Are Marine has no control over communications networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise.

Linking

8.1. The Site may contain links to other websites and may display content or information (including advertisements) from other websites within frames on the Site. We are not responsible or liable for that content and do not warrant its accuracy, completeness or suitability for any purpose. If you enter access a third party website from the Site, you do so at your own risk.

General

9.1. (Governing law and jurisdiction) All matters in connection with these Terms and Conditions is governed by and construed in accordance with the laws of the State of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales Australia.

9.2. (No Waiver) If we do not take action in relation to a particular breach of these Terms and Conditions, this will not be treated as a waiver by us of any right or remedy in respect of any existing or future breach of these terms.

9.3. (Severability) If any clause in these Term and Conditions, or any part of any clause, is invalid for any reason, it will be severed or read down without affecting any other part of these Terms.

9.4. (Entire Agreement) These Terms and Conditions constitute the entire agreement between us and you with respect to the Site (including your purchase of any Product).

9.5. (Overseas Users) The Site may be accessed by users from Australia and from overseas. We make no representation that the Site complies with the laws of any country outside of Australia. If you access the Site outside of Australia, you do so at your own risk.

Last updated June 2020 by Marinehub Pty Ltd