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Terms & Conditions

About These Terms and Conditions

In these Terms and Conditions:

"We", and "Us" and “Scubabits” mean scubabits.com which is fully owned and operated by IT Partners International Limited and "You" means you the customer.

Products means goods sold by Scubabits on this web site.

Price means the price at which the Products are sold on this web site.

Order means an order for Products on this web site.

These Terms and Conditions together with the Privacy Statement, Returns Policy and your Order constitute the entire Contract between scubabits.com and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.

Use of the Service By You


Your right to use the Service is personal to you. You may not authorise others to use the Service, and you are responsible for all of your own use of the Service.

You may not download, modify, transmit, or otherwise use any material from the Service for public or commercial purposes.

The Service's content, information and advice is free of charge (unless otherwise stipulated). However you are responsible for your own network and connection charges.

Other than connecting to Scubabits’ servers by HTTP requests using a web browser, you may not attempt to gain access to Scubabits’ servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.

You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and servers in any way and you agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on, or associated with, Scubabits and/or the Service.

Copyright/Trademark Information


This entire website, logos, copy, images, text, and content is copyright of Scubabits. All trademarks appearing herein are acknowledged. Permission to use documents delivered from this World Wide Web site and/or server and related graphics is restricted. The name of Scubabits or any of the above trademarks or logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.

Colours

We have done our best to display as accurately as possible the colours of the products shown on this web site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be the same as the original product.
Limitations on Quantity / Correction of Errors and Inaccuracies
Whilst Scubabits makes every reasonable effort to present accurate information on this web site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.

Indemnification

You must indemnify and hold Scubabits and its employees, representatives, agents, affiliates, directors, officers and managers harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these terms and conditions. If you have to indemnify Scubabits under this Section, Scubabits will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without express written permission from Scubabits.

Limitation of Liability

In no event shall Scubabits or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Legal Age to Transact

By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. If you are under the age eighteen (18) years you cannot place orders with Scubabits. Should Scubabits suffer any damage or other losses as a result of a transaction entered into by a minor, Scubabits reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Scubabits.

Placing Your Order

You may place an Order by adding items to ‘My Cart’ on Scubabits Website and clicking the "Check Out" button.   When you place your Order, we will issue you with an Order Number.   We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.   Information contained on the Scubabits website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products, however Scubabits will make every effort to supply Products to you.  We will notify you that your order is being processed by sending you an Order Confirmation via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud.   Scubabits and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when the status of your order moves to dispatched in the My Account My Orders section.  If we cannot process or accept your Order after payment is received we will contact you by email or telephone.

Payment Methods and Processing

Scubabits uses PayPal for payment solutions.  Confidential information including card details are encrypted using industry standard SSL 128/256-bit encryption technology.

GST

In this clause:

GST means GST within the meaning of A New Tax System (Goods and Services) Act 1999 (Cth)

Subject to this clause, if GST is payable in respect of any supply made to you by Scubabits , you will be liable to pay an amount equal to the GST payable (at the current prevailing rate) on the supply at the same time and in the same manner as the consideration for the supply is to be provided under these Terms and Conditions.

Prices

Prices are displayed in either Australian dollars ($AUD), United States dollars ($US) or Euro (€EUR). Scubabits reserves the right to change prices for Products displayed and delivery charges at the Scubabits  web site for any reason at any time. If this should happen after you have placed an order, we will contact you prior to processing it.

Supply of Your Products

Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. When your Order items have been dispatched, we will confirm shipment via the My Account My Orders section including a tracking number for each parcel.

Delivery of Your Products

We will use our best efforts to ensure your order arrives as soon as possible after the end of the sale.  Delivery will be made via a number of partners and the estimated delivery times will be indicated within each specific sale according to the dispatch location. We use the best possible estimated dates given the information we have been provided by our suppliers and partners, however many factors are outside of our control and we cannot guarantee delivery within this time frame. Individual order status can be tracked in the My Account, My Orders section.  We charge shipping and handling for each sale you purchase from us unless otherwise stated on the website.  Due to the nature of our business, we may consolidate orders where possible from more than one sale.  For these orders shipping and handling charges will remain unaltered.   

Authority to Leave

By selecting No and clicking Accept on our Signature on Delivery option you authorise the courier to leave the goods unattended at the delivery address and you accept that once the courier has done so, the complete order has been received. Selection of Authority to Leave is deemed by our couriers as a signature from the recipient.

Scubabits and couriers associated with the delivery, do not accept responsibility for any loss or damage which results from the Authority to Leave delivery method. You agree to release Scubabits from all Liabilities, costs, losses, any and all claims, demands and expenses if Authority to Leave is selected.

Should the courier be unable to leave the parcel or deem the location to be an unsafe area to leave the parcel or your instruction text is unclear, the courier may leave an attempted delivery card and return the parcel to their depot.

Returns Policy

A Return Authorisation Number (RAN) is required for all returns. Please see our Returns Policy for terms and conditions of all returns.

Incorrectly Described Items

Scubabits works hard to present the products on our Websites as accurately as possible. As much as we try to avoid it, on some occasions the information on our Websites may contain inaccuracies. We make no warranty or representation that the information provided by our suppliers, including in relation to product descriptions, is correct, accurate, complete or reliable. However, please contact our Customer Service team if you have received an item that has not been correctly described.

In the event that it is verified that you have received an incorrectly described item you will be entitled to a remedy, which may include a full refund by your original method of payment.

Return postage of any incorrectly described items will need to be paid by you and if we determine that the item was in fact incorrectly described we will refund postage costs to you.

Some Products - Manufacturer Only Warranty

Some Products sold through Scubabits are serviced and supported exclusively by their manufacturer in accordance the warranty information provided on the listing.

The Australian Consumer Law provides that items which we supply come with guarantees that cannot be excluded. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Scubabits is not a manufacturer of products. However, in the event of a failure, our customer service staff would be happy to forward the relevant item to the manufacturer or any relevant agent and liaise with them on your behalf, if you so choose. However, it may be more convenient for you to liaise with the manufacturer directly. If you require any assistance in doing so, our customer service team would be happy to assist you.

For some items, manufacturer’s offer their own optional or additional warranties and these apply alongside your rights under the Australian Consumer Law. For items advertised and sold with optional of additional manufacturers’ warranties, please contact our customer service team who will assist you in procuring the repair or replacement of your product.

Computer Hardware - Exclusions and Limitations

Scubabits is not liable for any damage to or loss of any programs, data, or other information stored on any media contained within electronic or computing Products. Recovery and reinstallation of system and application software and user data are not covered under any Scubabits warranty. In relation to any computing media Product, or any computing hardware Product or computing part contained within a Product, Scubabits  will not be responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or used with Scubabits  Products supplied to you, and any failure to maintain the confidentiality of data stored on the Product. Scubabits specifically does not represent that it will be able to repair any Product under warranty or make a Product exchange without risk to or loss of programs or data. Where a computing Product needs to be returned to Scubabits for replacement or a refund, Scubabits will in no manner whatsoever be responsible for any data you may leave on the computing Product.

Our Liability

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us fail to meet a consumer guarantee under the Australian Consumer Law.

Without excluding, restricting or modifying the rights and remedies to which you may be entitles under the consumer guarantees provisions of the Australian Consumer law or our liabilities under those provisions:

You acknowledge that we do not make any warranty or representation as to the suitability of Products for any purpose;
We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Products; and
We will not be liable to you for indirect and/or consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or willful misconduct.

Our liability to you for loss or damage of any kind arising out of this agreement or in connections with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability if in contract, tort (including negligence), under any statue or otherwise.

General

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Scubabits. Any unauthorized assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Scubabits for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Scubabits, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s). Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. Scubabits reserves the right to change the Terms and Conditions of sale at any time. No Scubabits employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

Miscellaneous

These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of Australia without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of Scubabits. These Terms and Conditions (including all of the policies and other Agreements described in these Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Scubabits are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.

Force Majeure

Scubabits shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Scubabits, and Scubabits shall be entitled to a reasonable extension of time for the performance of such obligations.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and shall be subject to the non-exclusive jurisdiction of the courts of Australia.

Changes

Scubabits has the right to revise and amend this Terms and Conditions document from time to time.

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