Terms and Conditions

Last updated: Sept 04, 2025

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined
under the following conditions. The following definitions shall have the same
meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under
  common control with a party, where “control” means ownership of 50% or
  more of the shares, equity interest or other securities entitled to vote
  for election of directors or other managing authority.
• Account means a unique account created for You to access our Service or
  parts of our Service.
• Country refers to: Victoria, Australia
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this
  Agreement) refers to Dive Gear Australia, FY 4 56-60 Hallam South Rd, Hallam,
  Victoria, 3803.
• Device means any device that can access the Service such as a computer, a
  cellphone or a digital tablet.
• Goods refer to the items offered for sale on the Service.
• Orders mean a request by You to purchase Goods from Us.
• Promotions refer to contests, sweepstakes or other promotions offered
  through the Service.
• Service refers to the Website.
• Terms and Conditions (also referred as “Terms”) mean these Terms and
  Conditions that form the entire agreement between You and the Company
  regarding the use of the Service.
• Third-party Social Media Service means any services or content (including
  data, information, products or services) provided by a third-party that
  may be displayed, included or made available by the Service.
• Website refers to Dive Gear Australia, accessible from
  https://divegearaustralia.com.au
• You means the individual accessing or using the Service, or the company,
  or other legal entity on behalf of which such individual is accessing or
  using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the
agreement that operates between You and the Company. These Terms and
Conditions set out the rights and obligations of all users regarding the use
of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and
compliance with these Terms and Conditions. These Terms and Conditions apply
to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and
Conditions. If You disagree with any part of these Terms and Conditions then
You may not access the Service.

You represent that you are over the age of 18. The Company does not permit
those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance
of and compliance with the Privacy Policy of the Company. Our Privacy Policy
describes Our policies and procedures on the collection, use and disclosure of
Your personal information when You use the Application or the Website and
tells You about Your privacy rights and how the law protects You. Please read
Our Privacy Policy carefully before using Our Service.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are
legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be
asked to supply certain information relevant to Your Order including, without
limitation, Your name, Your email, Your phone number, Your credit card number,
the expiration date of Your credit card, Your billing address, and Your
shipping information.

You represent and warrant that: (i) You have the legal right to use any credit
or debit card(s) or other payment method(s) in connection with any Order; and
that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the
information to payment processing third parties for purposes of facilitating
the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain
reasons including but not limited to:

• Goods availability
• Errors in the description or prices for Goods
• Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an
unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights
~~~~~~

Any Goods you purchase can only be returned in accordance with these Terms and
Conditions and Our Returns Policy.

Our Returns Policy forms a part of these Terms and Conditions. Please read our
Returns Policy to learn more about your right to cancel Your Order.

Your right to cancel an Order only applies to Goods that are returned in the
same condition as You received them. You should also include all of the
products instructions, documents and wrappings. Goods that are damaged or not
in the same condition as You received them or which are worn simply beyond
opening the original packaging will not be refunded. You should therefore take
reasonable care of the purchased Goods while they are in Your possession.

We will reimburse You no later than 14 days from the day on which We receive
the returned Goods. We will use the same means of payment as You used for the
Order, and You will not incur any fees for such reimbursement.

You will not have any right to cancel an Order for the supply of any of the
following Goods:

• The supply of Goods made to Your specifications or clearly personalized.
• The supply of Goods which according to their nature are not suitable to be
  returned, deteriorate rapidly or where the date of expiry is over.
• The supply of Goods which are not suitable for return due to health
  protection or hygiene reasons and were unsealed after delivery.
• The supply of Goods which are, after delivery, according to their nature,
  inseparably mixed with other items.
• The supply of digital content which is not supplied on a tangible medium
  if the performance has begun with Your prior express consent and You have
  acknowledged Your loss of cancellation right.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods
available on Our Service may be mispriced, described inaccurately, or
unavailable, and We may experience delays in updating information regarding
our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any
information, including prices, product images, specifications, availability,
and services. We reserve the right to change or update information and to
correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to
accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an
Order in the event of any occurrence affecting delivery caused by government
action, variation in customs duties, increased shipping charges, higher
foreign exchange costs and any other matter beyond the control of the Company.
In that event, You will have the right to cancel Your Order.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made
through various payment methods we have available, such as Visa, MasterCard,
Affinity Card, American Express cards or online payment methods (PayPal, for
example).

Payment cards (credit cards or debit cards) are subject to validation checks
and authorization by Your card issuer. If we do not receive the required
authorization, We will not be liable for any delay or non-delivery of Your
Order.

Promotions

Any Promotions made available through the Service may be governed by rules
that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as
well as our Privacy policy. If the rules for a Promotion conflict with these
Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information that is
accurate, complete, and current at all times. Failure to do so constitutes a
breach of the Terms, which may result in immediate termination of Your account
on Our Service.

You are responsible for safeguarding the password that You use to access the
Service and for any activities or actions under Your password, whether Your
password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us
immediately upon becoming aware of any breach of security or unauthorized use
of Your account.

You may not use as a username the name of another person or entity or that is
not lawfully available for use, a name or trademark that is subject to any
rights of another person or entity other than You without appropriate
authorization, or a name that is otherwise offensive, vulgar or obscene.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are
not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party web sites or
services. You further acknowledge and agree that the Company shall not be
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with the use of or reliance on any
such content, goods or services available on or through any such web sites or
services.

We strongly advise You to read the terms and conditions and privacy policies
of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if You
breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You
wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the
Company and any of its suppliers under any provision of this Terms and Your
exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by You through the Service or 100 USD if You haven’t purchased
anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the
Company or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages for
loss of profits, loss of data or other information, for business interruption,
for personal injury, loss of privacy arising out of or in any way related to
the use of or inability to use the Service, third-party software and/or third-
party hardware used with the Service, or otherwise in connection with any
provision of this Terms), even if the Company or any supplier has been advised
of the possibility of such damages and even if the remedy fails of its
essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of
liability for incidental or consequential damages, which means that some of
the above limitations may not apply. In these states, each party’s liability
will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults
and defects without warranty of any kind. To the maximum extent permitted
under applicable law, the Company, on its own behalf and on behalf of its
Affiliates and its and their respective licensors and service providers,
expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the Service, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement,
and warranties that may arise out of course of dealing, course of performance,
usage or trade practice. Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no representation of any kind
that the Service will meet Your requirements, achieve any intended results, be
compatible or work with any other software, applications, systems or services,
operate without interruption, meet any performance or reliability standards or
be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s
provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Service, or the information,
content, and materials or products included thereon; (ii) that the Service
will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or
currency of any information or content provided through the Service; or (iv)
that the Service, its servers, the content, or e-mails sent from or on behalf
of the Company are free of viruses, scripts, trojan horses, worms, malware,
timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties
or limitations on applicable statutory rights of a consumer, so some or all of
the above exclusions and limitations may not apply to You. But in such a case
the exclusions and limitations set forth in this section shall be applied to
the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern
this Terms and Your use of the Service. Your use of the Application may also
be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try
to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory
provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is
subject to the United States government embargo, or that has been designated
by the United States government as a “terrorist supporting” country, and (ii)
You are not listed on any United States government list of prohibited or
restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such
provision will be changed and interpreted to accomplish the objectives of such
provision to the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require
performance of an obligation under these Terms shall not effect a party’s
ability to exercise such right or require such performance at any time
thereafter nor shall the waiver of a breach constitute a waiver of any
subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them
available to You on our Service. You agree that the original English text
shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms
at any time. If a revision is material We will make reasonable efforts to
provide at least 30 days’ notice prior to any new terms taking effect. What
constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become
effective, You agree to be bound by the revised terms. If You do not agree to
the new terms, in whole or in part, please stop using the website and the
Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact
us:

• By email: sales@divegearaustralia.com.au