Aquathrive Online Store (Aquathrive) is the operator and owner of this website (the Site).
Users of the Site (Users) agree to be bound by these terms and conditions, which are subject to change at the sole discretion of Aquathrive and will be effective immediately upon posting the modified terms on the Site. Your use of and access to the Site indicates your acceptance of these terms and conditions.
Aquathrive is not liable to Users in respect of any loss or damage or injury or harm (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of products offered and/or supplied by Aquathrive.
Aquathrive accepts no responsibility and is not liable for any inaccuracies that may appear in products or advertisements or other contact in the site. Any illustrations or photographs displayed on the Site are solely for guidance purposes and are not to be relied upon.
Aquathrive accepts no liability for any damages (including direct, indirect, consequential, incidental and exemplary) in the event that the Site is unavailable to Users for any reason, including but not limited to computer or communications link downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities.
Aquathrive gives no guarantee of continued availability of any particular product and will not be responsible should a product be discontinued.
The Site may include links to third party sites which are not related to Aquathrive and in relation to which Aquathrive has no control or interest. The appearance of those links on this Site does not indicate any relationship between Aquathrive and that third party or any endorsement by Aquathrive of that third party, its site or the products or services which it is advertising on that site.
Users acknowledge that they are entirely responsible for maintaining the confidentiality of their passwords and login name and are entirely responsible for any and all activities that occur under their login name. Aquathrive accepts no liability whatsoever for the misuse of passwords and log in codes.
These terms and conditions are subject to warranties and liabilities that cannot by law be disclaimed.
Users acknowledge that all intellectual property in relation to material on the Site, including material submitted by Users to the Site belongs to Aquathrive or its licensor's. Users obtain no interest in that material, and/or forgo any intellectual property rights in any material they submit to the Site, unless otherwise stated or agreed in writing. All material on the Site is protected by Australian and international copyright and other intellectual property laws.
Users warrant that all information they provide on the Site is accurate at the time of publishing, does not breach any law or the rights of any person. Users must not impersonate any person or entity or falsely state or otherwise misrepresent their affiliation with a person or entity or forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Users indemnify Aquathrive, its employees and agents against any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statute or in tort (including negligence) made against or suffered by Aquathrive arising, in whole or in part, as a result of any actions by the User.
All prices are inclusive of GST (as that term is defined in A New Tax System (Goods and Services Tax) Act 1999). The parties agree that:
Each invoice will comply with the form of 'tax invoice' specified in section 29-70 of A New Tax System (Goods and Services Tax) Act 1999 and the Regulations issued in accordance with that Act.
These terms and conditions shall be governed by the laws of the state of New South Wales. The parties agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of it will continue to be valid and enforceable.
