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Terms and Conditions

This website is provided by and is the property of Batemans Bay Power and Sail. 

Your use of and access to this website is governed by these terms and conditions as well as our Privacy Policy which can viewed here.

Please take the time to read these terms and conditions.  By using our website you are agreeing to these terms and conditions.

If you purchase products through our website, other terms and conditions may apply to the purchase as set out on our website.

Accuracy of content

We have taken all due care to ensure that the information we provide on this website is accurate.  However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this website or on any linked third-party site.

Use

You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the website (or any part of the website) for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or in a way which conflicts with the website, including but not limited to the following:

  1. creating fraudulent accounts or paying for products through fraudulent or unlawful means;
  2. breaching or attempting to breach the security of the website in order to harvest or misappropriate customers’ information; or
  3. altering our website in any way or interfering with the operation of the website, including knowingly transmitting viruses, trojan horses or similar disabling or malicious code to the website.

You further agree that you will not use, nor will you allow or authorise any third party to use, the website for any commercial purpose.

We reserve the right to refuse or terminate service or access to our website to anyone at any time without notice or reason.

Purchasing through our website

You must be 18 years and over to purchase products through our website.

Any order placed through our website constitutes an offer by you to purchase the relevant product for the price stipulated on the website, together with any delivery charges and taxes which may apply.

In some circumstances an order may be rejected by us if a product is unavailable, has been recalled or if we become aware of an error in the price or product description noted on our website.

If we do reject an order, we will use all reasonable attempts to contact you in order to notify you of the rejection and arrange alternatives (where possible).

In addition, an order may be rejected if we consider that you are in breach of any of these terms and conditions without notice to you.

Prices

All prices and delivery fees are stated on this website in Australia Dollars.

We reserve the right to change any of our prices at any time prior to an order being placed.

We are not obliged to price match however please contact us if you have any queries about price matching.

The following payment methods are accepted:

  • Credit card
  • Visa or Mastercard debit card
  • Paypal

An invoice or receipt will be provided to you via email for all orders placed through our website.

If for any reason your payment method is rejected, we may cancel your order.  Your order may also be cancelled if we become aware that you have paid or attempted to pay for any product or order through fraudulent or unlawful means.

Delivery

Please see our Delivery Policy which can be viewed here.

Returns

Please see our Returns Policy which can be viewed here.

Indemnification for loss or damage

You agree to indemnify Batemans Bay Power and Sail and hold us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this website or information offered on this website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors’ fees of every kind and nature incurred by you or any third parties through you.

Intellectual property and copyright

All logos and trademarks contained on this website belong, or are expressly licensed, to Batemans Bay Power and Sail.  Use of these trademarks by you is strictly prohibited except with our written consent.

Further, we hold the copyright to the content of this website, including all uploaded files, layout design, data, graphics, images, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the website or in connection with any products or services offering on the website.

You must not use or replicate our copyright material other than as permitted by law or otherwise as agreed by us in writing. 

Passwords and logins

You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.

Website Links

This website may contain links to third-party websites. 

These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked website, its contents or any associated website, product or service.  We accept no liability for loss or damage arising out of or in connection to your use of these sites. 

Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this website.  Statements made are by way of general comment only and you should satisfy yourself as to their accuracy.  We are not liable for any damages whatsoever incurred as a result of or relating to the use of this website.

Information Collection

Use of information you have provided us with, or that we have collected and retained, relating to your use of our website is governed by our Privacy Policy which can viewed here.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of New South Wales, Australia.  Any disputes concerning this website are to be resolved by the courts having jurisdiction in New South Wales.

We retain the right to bring proceedings against you for breach of these terms and conditions, in your country of residence or any other appropriate country or jurisdiction.

Updates

These terms and conditions may change from time to time and will be updated here.