Lux Marine


Terms and Conditions

Terms and Conditions
Use of this Website assumes that you fully accept and agree to the Terms of Use set forth in this document. These Terms of Use also state that by submitting your personal information, you are certifying you have read, understand and agree to our Terms of Use as well as our Privacy Policy. If you do not agree to any of these terms, then please do not use the website.
By visiting and/or using www.LuxMarine.com.au and any associated link or websites, you agree to be bound by these terms and conditions and the terms and conditions of any associated link or website. We may change these terms and conditions at any time without notice. Any change will be effective immediately. Your use of our Website after any change constitutes an agreement by you to comply with and be bound by the amended terms and conditions. Therefore, you should read these terms and conditions from time to time for changes.

Definitions

The term "LuxMarine", "us" or "we" or "our" refers to LuxMarine, the owner and operator of the Site.
The term “The Site” is www.LuxMarine.com.au.
The term "You" refers to the person accessing or using the Site, or the company or organisation on whose behalf that person accesses the Site.
The term “Associated Link” is a web site directly linked to the Site that can be accessed from within the www.LuxMarine.com.au site.
The term “Associated Website” web site indirectly linked to the Site that can be accessed from within the www.LuxMarine.com.au site.  An associated link is usually a website run an operated by a separate third party not in any way associated with the owners of the site.
The term “Affiliate” means but is not limited to any individual, person, member, company, partner, associate or entity of LuxMarine.
The term “third party” means but is not limited to any individual, persons, member, company partner, associate or entity other than the owners of LuxMarine.
The term “Advertiser” means any individual, persons, member, company, partner, associate or entity who lists or attempts to list a product or service on the site.
The term “Administrator” means any person who has been given authority by LuxMarine to administer the Site.
The term “Buyer” means any individual, persons, member, company, partner, associate or entity who buys/purchases any product and or service through the site. 
The term “Seller” means any individual, persons, member, company, partner, associate or entity who sells any product and or service through the site. 

"www.LuxMarine.com.au." provides an interactive online services operated by LuxMarine. (herein referred to as “LuxMarine.”) on the World Wide Web of the Internet (the "Web"), consisting of information services, content and transaction capabilities provided by LuxMarine., affiliates of LuxMarine and other third parties
How LuxMarine Works
LuxMarine provides a website whereby any person either representing an individual, company, partnership or any other entity can advertise one or more products for sale.  These products are predominately but not exclusively marine related.  We do not ourselves usually supply or sell any of the goods/services shown on our Website however we reserve the right to do so without notice or declaration.  Advertisers usually pay a fee to advertise on the site and we reserve the right to increase, decrease or waive that fee at any time with or without notice at our discretion.  We reserve the right to accept, reject or withdraw any product or service listed for advertising/for sale on the website without reason.

Pricing
All advertising rates shown on our Website are in Australian dollars and are inclusive of GST. Advertising rates are current at time of display but are subject to change without notice.  All advertised prices of products and or services shown on our Website are in Australian dollars and are inclusive of GST. The advertised price of any product or service is listed by the advertiser and it is the advertiser’s responsibility to make sure this price is current at time of display and or advertising.  The advertiser has the right to alter the price and or change the listing at their discretion at any time without notice.
Refunds
Once a product and or service has been listed on the website and accepted by the administrator then no refunds will be forthcoming for any reason.  We will not accept excuses relating to incorrect listings as a reason to refund.  Nor will a refund be granted if the product and or service is sold by other means at any other time.
If the product is rejected or withdrawn by us 14 days after the product was accepted, then no refund will be forthcoming.  If the product is rejected or withdrawn by us within 14 days of the product was accepted, we will provide the advertiser with a full refund of any payment received.
Payment
Payment for advertising of all products as services will be made to LuxMarine.  Payment for all products and or services listed between buyer and seller will be made direct to the seller as per the terms and conditions of the sellers usual sale.  LuxMarine will not be responsible for any payments in either part or full between the buyer or seller.  All disputes between the buyer and seller for whatever reason will be solely between the buyer and seller and in no way involve LuxMarine.  LuxMarine will not be responsible, accountable or liable for costs and or damages resulting either directly or indirectly from any dispute between any party for any reason.
Registration
In order to sell any product or service on the www.LuxMarine.com.au , you must first register as a seller.  All sellers must affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Conditions.  Furthermore, by registering as a seller you agree to abide by and comply with these Terms of Conditions of this site and any associated link and or associated website.
In any case if you cannot agree to all the conditions as outlined in the first paragraph under the heading “Registration”, you must immediately stop using www.LuxMarine.com.au and notify the administrator so you can be deregistered. In order to register as a Seller, you must provide accurate and truthful information including but not limited to your name, company name, address, contact telephone number and email address. You acknowledge that all of the information which you provide when registering as a seller is true and correct.  You further acknowledge that it may be a criminal offence within Australia to misrepresent your identity and or provide false information and that LuxMarine have the right to provide your details to law enforcement authorities if we suspect you have provided false and or misleading information and or provided fraudulent information relating to either yourself and or the product or service you are advertising.
It is your responsibility to email us if any of your information changes or requires and administrator to update.  The administrator can be contacted at either info@luxmarine.com.au or sales@luxmarine.com.au.  
Our preferred method of contact to you if and when required will be e-mail therefore you must always have a valid email address so we can communicate to you if need be.  It will not be our responsibility if your e-mail address expires, is invalid or is recorded incorrectly and we cannot contact you via e-mail.  When you register as a Seller, you will be required to provide a password in order to access your Sellers account. Under no circumstances should you disclose your password to any other person.  We will not be liable for any loss which you might suffer because you disclose your password to anyone else or if anyone else accesses your Sellers account.
You are responsible for maintaining control of your Sellers account and what occurs in your Sellers account.  You must not impersonate any other person or Seller and it is your responsibility to email us immediately if you suspect or believe that there has been any unauthorized use of your Seller account or if someone else knows your password. 
Being registered as a Seller on the Site is a privilege, not an entitlement and we may change our services and suspend, terminate or restrict your account if we believe that this is reasonably justified having regard to these terms and conditions limited to but by no means exhausted to the following reasons:

  1. We are unable to verify or authenticate any information you provide to us;
  2. We believe that your actions may cause loss or damage to or otherwise unlawfully harm you, or other users of the site, including but not limited to us and or any individual, persons, member, company, partner, associate or entity accessing the site
  3. You have, or we believe that you have, breached these terms and conditions. If that occurs, you may not be able to access our Website or our services temporarily or permanently and you may be prohibited from applying for a new Sellers Account.
  4. Your advertisement and or listing is not relevant and or contains content that is deemed by a reasonable person to be offensive and or not in the spirit of the intended use of the site.  This may include but not be limited to products and or services not related to the marine sector, racial comments, pornographic or soft porn images, wording containing swearing and or offence words, comments, remarks, political opinions and personal/direct attacks against individuals or companies etc.

Your registration as a Member is not transferable and can be cancelled any time for no reason without notice.

You’re Obligations
You must not interfere or attempt to interfere with our Website and/or associated services using any software program, routine or other activity.  You must not user block, obscure, overwrite or modify any content on our Website.  You must not use profanity on our Website or submit any content that is false, obscene, defamatory, racist, sexist or which breaches any laws.  In addition, you must not, in connection with our Website and/or our services:

  1. use intellectual property without the express permission of the person who owns the intellectual property;
  2. Encourage, promote, facilitate or procure others to infringe copyrights, trademarks or other intellectual property rights;
  3. To submit any content or information to us that may contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts or adversely affects the intended function of our website. So that we can use any content and information that you provide to us, you grant to us a non-exclusive worldwide perpetual, irrevocable and royalty-free license to use and sub-license your content and information solely for the purposes of our Website and associated services.

You must not copy, reproduce, modify, republish, upload to a third party, transmit, post or distribute the contents of our Website in any way, electronically or otherwise without our express authorization. However, strictly on the condition that you keep all content intact and in the same form as presented on the Website, you may, using an industry-standard web browser download and view the content for personal, non-commercial use only. Our Website must not be used in any unlawful manner or purpose or in any manner which violates the rights of any person which is prohibited by these terms and conditions.
LuxMarine Website
We will endeavour to provide you with access to our Website 24 hours a day, 7 days a week, except for upgrades and maintenance times. However, we do not warrant that access to our Website or that the functions contained in any content or any public interface or user access to our Website will be uninterrupted or error-free, that any defects will be corrected or that our Website or the server which stores and transmits content to you are free of viruses or other harmful components.
You acknowledge and agree that our Website is not fault-free and that you may experience interruptions and access difficulties from time to time. We do not guarantee continuous, uninterrupted or secure access to our services and operation of our Website may be interfered with by numerous factors outside our control.  The information contained on our Website is provided by use in good favour on an "as is" basis. However, we make no representation or warranty as to the reliability, accuracy or completeness of the information contained on our Website. We are not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content on www.LuxMarine.com.au  originating with or otherwise provided by third parties.
We reserve the right to refuse or remove any information or content which you submit at any time without needing to give any reason for doing so.
Disclaimers and Limitation of Liability
You acknowledge that our Website may contain hyperlinks and other pointers to internet websites operated by other third parties ("linked website"). You also acknowledge that these linked websites are not necessarily under our control and that we are not responsible for the contents of any linked website or any hyperlink contained in a linked website. We provide these hyperlinks as a convenience only and the inclusion of any link does not imply any endorsement of the linked website by us. If you link to any such website, then you do so entirely at your own risk. 
Our Website may also contain third party advertisements which may contain embedded hyperlinks or which include referral buttons to websites operated by other third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) may or may not be paid for by the relevant third party advertisers and are not recommendations or endorsements by or from us.
You acknowledge and agree that all information and content which is posted on or transmitted through our Website by third parties including Sellers is the sole responsibility of the third party who provided that information and content. You therefore use our Website at your own risk.
In particular, information about Sellers products and or services is derived from material and information provided by the Seller. You acknowledge and agree that we will not be responsible for incorrect information or material supplied to us by any Seller including but not limited to descriptions of the products and or services they are advertising on the site.
You acknowledge that you are solely responsible for ensuring that all products and or services listed on our Website and our services meet your requirements of their intended function, application and/or use.
You acknowledge and agree that we are not involved in any actual transaction between you and the seller for a sellers products and or services.  As result, we have no control over the quality, safety or legality of products and or services supplied by sellers or content posted by sellers and or other third parties on our website or the ability of seller to actually sell the product or service.
To the extent permitted by law, all express or implied terms, conditions, warranties, statements, assurances and representations in connection with our website and or our services are expressly excluded. In particular, to the extent permitted by law, LuxMarine specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement in connection with the product and or services which are advertised on our website.
In no event will we, including our agents, employees or contractors, be liable for any indirect or consequential loss or damages including without limit, loss of profits, loss of revenue, loss of business, loss of production, loss of data, loss of opportunity or goodwill, corruption of data or software, equipment failure or damage, security breach, network intrusion, network downtime or business interruption however caused in connection with our website and/or our services.
In particular, in no event will we be liable for any acts, omissions or defaults of any Seller or any third party including and not limited to as this is not an exhaustive list:

  1. if a Seller fails to provide you with the relevant product and or services, in whole or in part, when you try to purchase the product;
  2. if you incur any costs, for example, travel and accommodation costs because you cannot purchase the product from the seller;
  3. if a seller cancels your purchase for whatever reason;
  4. if the product was falsely advertised or misrepresented on the site



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