Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
We are: Rene’s Marine & Tropical Aquariums
Phone: (07) 5455 5061
ABN: 464 503 473 68
You are: A visitor to Our Website / our customer.
Definitions In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.
“Our Website” means the entire computing hardware and software installation that is or supports Our Website.
“Goods” means any of the Goods we offer for sale on our Website
“Content” means any material in any form published on Our Website by us or any third party with our consent.
“Material” means Content of any sort posted by you on Our Website
Our contract with you:
So far as the context allows, to you as a visitor to Our Website; and
In any event to you as a buyer or prospective buyer of our Goods.
Your order can be placed by either our website shopping page, by email or by phone.
Confirmation of that order is only confirmed on receipt and clearance of payment in full for all Goods purchased. Confirmation will be by email or post from Renes Marine and Tropical Aquariums to you the customer, containing details of your purchase, receipt details and dispatch times.We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
Unfortunately, we cannot guarantee that Goods advertised on our website are available. We endeavour to mark clearly on our website any Goods that are not in stock. In the advent of that having not occurred we will contact you immediately on receipt of your order. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
– accept the alternatives we offer;
– cancel all or part of your order;
If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.
If we owe you money on account of your cancellation, we will refund any money owing as soon as reasonably practicable but in any event no later than 30 days from the date of cancellation of your order.
Your account with us
You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorized person from using your computer.
You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
We reserve the right to refuse you access to Our Website.
Price and Payment
We endeavour to keep our website and catalogue prices updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.
Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian Dollars will be borne by you.
Prices include Australian good and service tax. If you show by your delivery address that you reside outside Australia, GST will be deducted at the payment point.
All prices contained within the website is in Australia Dollars (AUD).
Deliveries will be made by post / courier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery.
We may deliver the Goods in instalments if they are not all available at the same time for delivery, subject to your approval.
Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
Goods sent by post / courier. We will send you a message by email to tell you when we have despatched your order.
We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
You may not use any software tool for the purpose of extracting data from our website.
You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
Acceptable use Policy
As a condition of your use of Our Website, you agree to comply with these provisions:
You will not use or allow anyone else to use the Web Site to post or otherwise publish:
1. copyright works;
2. commercial audio, video or music files;
3. any Material which violates the law of any established jurisdiction;
4. unlicensed software;
5. software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
6. links to any of the material specified in this paragraph;
7. pornographic Material;
8. any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
The content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Australian and other copyright laws, and is the property of Rene’s Marine & Tropical Aquariums. The collective work includes works that are licensed to Rene’s Marine & Tropical Aquarium Copyright 20016, Rene’s Marine & Tropical Aquarium ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Rene’s Marine & Tropical Aquarium or purchasing Rene’s Marine & Tropical Aquarium products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Rene’s Marine & Tropical Aquarium or to purchase Rene’s Marine & Tropical Aquarium products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Rene’s Marine & Tropical Aquarium. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
This site may contain trademarks and/ or copyrighted materials such as product images and logos from product manufacturers for the sole purpose of listing their goods for sale.
All trademarks, service marks and trade names of Rene’s Marine & Tropical Aquarium used in the site are trademarks or registered trademarks of Rene’s Marine & Tropical Aquarium. All other trademarks and copyrighted materials such as product logo and image are the property of their respective owners.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Rene’s Marine & Tropical Aquarium disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Rene’s Marine & Tropical Aquarium does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Rene’s Marine & Tropical Aquarium does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Rene’s Marine & Tropical Aquarium shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Rene’s Marine & Tropical Aquarium has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Rene’s Marine & Tropical Aquarium product is mistakenly listed at an incorrect price, Rene’s Marine & Tropical Aquarium reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Rene’s Marine & Tropical Aquarium reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Rene’s Marine & Tropical Aquarium shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Rene’s Marine & Tropical Aquarium without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Rene’s Marine & Tropical Aquarium may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Rene’s Marine & Tropical Aquarium.
Your use of this site shall be governed in all respects by the laws of Australia, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Rene’s Marine & Tropical Aquariumn products) shall be in Australia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Rene’s Marine & Tropical Aquarium products) must be commenced within one (1) year after the claim or cause of action arises. Rene’s Marine & Tropical Aquarium’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Rene’s Marine & Tropical Aquarium may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Rene’s Marine & Tropical Aquarium or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Rene’s Marine & Tropical Aquarium does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Rene’s Marine & Tropical Aquarium is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Rene’s Marine & Tropical Aquarium reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Rene’s Marine & Tropical Aquarium in its sole discretion.
You agree to indemnify, defend, and hold harmless Rene’s Marine & Tropical Aquarium, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Rene’s Marine & Tropical Aquarium may link to sites operated by third parties. However, even if the third party is affiliated with Rene’s Marine & Tropical Aquarium, Rene’s Marine & Tropical Aquarium has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Rene’s Marine & Tropical Aquarium. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless,Rene’s Marine & Tropical Aquarium seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).