Seavu Terms of Trade – Online Sale Agreement
- Anlayışlar
‘goods’ means our products for sale on our website from time to time, including, but not limited to:
- Seavu Kits
- Seavu Accessories
- Seavu Parts
‘Seavu Kits’ means a bundle of products to enable you to livestream underwater footage from your action camera to your mobile phone.
‘Seavu Acessories’ means separate products such as fins, weights and stands that can be used with the Seavu Explorer product.
‘Seavu Parts’ means replacement parts for Seavu products.
‘us’, ‘we’ and ‘our’ means Seavu Pty Ltd (ACN: 626 772 414).
‘website’ means “www.seavu.com.au” and any sub-links thereof
‘you’ means the purchaser of our goods
- Agreement to be Legally Bound
All users who access our website and its contents and/or buy our goods hereby agree to be bound by these terms of trade which shall also include any additional terms, conditions or policies that are included by reference or hyperlink.
Please read these terms of trade before using our website or purchase any of our goods. If any of these terms of trade are not agreeable by you then you are not entitled to use our website or purchase any of our goods. If in the event you are not agreeable to any of these terms of trade and would still like to use our website or purchase our goods please advise info@seavu.com. Furthermore, please contact this email address if you have any questions in relation to these terms of trade.
We reserve the right to alter these terms of trade at any time and without notice. Your continued use of our website will be deemed to be your agreement to the updated terms of trade.
We reserve the right to refuse service with any person or entity at any time and at our sole discretion.
We use Stripe Inc as our online store’s e-commerce platform to facilitate the transaction for us to sell you our goods and for you to pay us for the goods
- Terms of Trade – General
We reserve the right at our sole discretion to:
- alter these terms of trade at any time and without notice;
- refuse service with any person or entity at any time;
- change, add, remove contents of our website at any time;
- modify or discontinue any of our goods;
- change the price of any of our goods;
- not to sell our goods or proceed with a sale or order made on our website if we are of the belief that the order pertains or appears to be made by resellers or distributors.
We use Stripe Inc and PayPal as our online store’s e-commerce platforms to facilitate the transaction for us to sell you our goods and for you to pay us for the goods.
- İnformasiya Dəqiqliyi
You acknowledge and covenant that all personal details, information and payment information you provide to us and input into our website is accurate and up to date and is without error. In the event that you input incorrect information to our website we may attempt to contact you via email and/or mobile telephone or billing address that you have submitted to our website.
All personal information submitted to our website is controlled by our Privacy Policy which can be viewed at www.seavu.com/privacy-policy
There may be errors contained in the information on our website from time to time, including inaccuracies, omissions or typographical errors which may pertain to descriptions, sales, shipping charges and transit times and our goods availability. We reserve the right to correct any errors or omissions.
- Məhsulların İstifadəsi
You hereby acknowledge and covenant that:
- you shall not attempt to re-sell our goods in a retail capacity;
- you shall read all guides and watch all applicable videos relating to our goods that you purchase and use located at www.seavu.com/guides/ (the Guides) and shall adhere to all directions with regards to the use and care of our goods by you;
- the maximum waterproof rating of our goods is a depth of 50 meters;
- the lens seal and cover of the Explorer case must be examined and maintained before and after each use in accordance with the Guides;
- the Seavu receiver, cable and transmitter operates on Wi-Fi frequency 2.4GHz only and has a maximum pulling break strain of 110lbs/50kgs and it is your responsibility to ensure that:
- no third-party device or signal interferes with the Seavu receiver, cable and transmitter’s Wi-Fi performance; and
- that your third-party camera operates on Wi-Fi frequency 2.4GHz and has no other limiting factors that render it unable to connect to the Seavu receiver, cable and transmitter;
- you only use the Seavu receiver, cable and transmitter at speeds and conditions that do not cause the pulling break strain to exceed 110lbs/50kgs;
- you avoid kinks and twists to the Seavu receiver, cable and transmitter which can cause irreparable damage, as well as avoiding boat propellers and other sharp objects.
- you must secure the Seavu cable reel in a secure and safe place on the boat using the Seavu cable fastener when the boat’s engine is on to prevent damage to the Seavu receiver, cable and transmitter and to prevent it from being pulled overboard;
- our goods are not used in extreme weather conditions or in very strong currents;
- all accessories must be attached properly in accordance with the Guides;
- all Seavu goods must be rinsed as soon as is practicable with fresh water after use;
- no warranty, replacement or refund will be provided where the use of our goods is not in accordance with the Guides or in accordance with these terms of trade;
- we make no warranties or representations with regards to the compatibility and capability of any third party device named on our website;
- you will not use our goods:
- in any unlawful purpose or to solicit others to perform or participate in any unlawful acts;
- in contravention of any state or federal legislation;
- infringe our intellectual property rights;
- Malların çatdırılması
6.1 International customers
We shall use best endeavours to deliver our goods within the estimated timeframes posted on our website, which may vary depending on the destination country.
Standard International Orders, unless requested otherwise by you prior to purchase, are sent by Australia Post Airmail which includes parcel tracking.
While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or which in any event is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
If the shipping provider confirms that goods are lost or were unable to be delivered to you we will replace the lost goods and re-ship them to you.
All customs / import fees / taxes and duties are the responsibility of the customer.
For non-delivery of goods, please notify us by email as soon as possible.
6.2 Avstraliya
We shall use best endeavours to deliver our goods within 1-5 business days.
All standard orders in Australia, unless requested otherwise by you prior to purchase, are sent by Australia Post which includes parcel tracking
While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control
over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
If the shipping provider confirms that goods are lost or were unable to be delivered to you we will replace the lost goods and re-ship them to you.
For non-delivery of goods, please notify us by email as soon as possible..
- Çəkilən xərclərin ödənilməsinin şərtləri
Our refund policy is incorporated into these terms of trade and can be found at www.seavu.com/refunds
- Limitation of Liability & Disclaimer of Warranties
Our liability for failure to comply with a consumer guarantee is limited to the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair).
Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
In all other respects, our total liability for loss or damage of every kind, whether:
- arising pursuant to the terms of trade; or
- arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,
is limited to an amount equivalent to the sum paid by you to us for the goods.
- Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms of service, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these terms.
We do not warrant or guarantee:
- the results of the use of our goods;
- the use of the goods will be uninterrupted;
- the compatibility of third party devices with our goods;
We shall not be liable to you or any third party in any way whatsoever for:
- for you providing incorrect personal and billing information to us;
- if we discontinue any of our goods;
- for a failure of the goods that is attributable to any act or omission on your part and your omission to strictly comply with our goods use guidelines which can be found at www.seavu.com/guides
- if a third party device does not perform or is not compatible with our goods;
In no event shall we (including our directors, officers and employees) be liable for any injury, loss, claim or any direct, indirect, consequential, incidental, punitive or special damages or any similar damages arising from your use of our goods, or for any other claim related in any way to your use of our goods.
- Third Party Indemnification
You agree to indemnify, defend and hold harmless Seavu Pty Ltd and our directors from any claim or demands made by third parties arising out of your breach of these terms of trade.
- Əqli mülkiyyət
The specifications and design of the goods (being all intellectual property, including but not limited to, copyright, design right, trade marks or other intellectual property) remain our property at all times.
- İmtina
Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
- Bölünebilirliği
If any provision of these terms of trade are determined unlawful, unenforceable or void such provision shall be severed from these terms of trade whilst the remaining provisions remain unaffected and are enforceable and valid.
- Survival upon Termination
All obligations and liabilities incurred prior to the termination of this agreement shall survive and those obligations and liabilities shall endure termination of this agreement.
- Bütün müqavilə
The above terms of service constitute the entire agreement of the parties, including any links or references to conditions or policies, and supersede any and all preceding and contemporaneous agreements between you and us.
- İdarəetmə hüquq
These terms of service are governed by the laws in force in the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.