All persons accessing the E-Store of the Maritime Authority of NSW (NSW Maritime) agree that such access is subject to these Terms and Conditions of Use, the NSW Maritime general disclaimer, copyright provisions and privacy statement and any and all relevant laws governing use of and access to website services and facilities;
1.1 In these Terms and Conditions "NSW Maritime" and "us" mean NSW Maritime ABN 21 220 712 305 of James Craig Road, Rozelle Bay, NSW, 2039 and "you" means you the customer.
1.2 These Terms and Conditions together with your Order constitute the entire Contract between NSW Maritime and you for the supply of Products.
1.3 No other Terms and Conditions will apply and the Contract cannot be varied unless NSW Maritime agrees to vary it in writing or by email.
2. Legal Capacity To Contract
2.1 If you are under the age of eighteen (18) years and cannot place orders with NSW Maritime.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
2.2 Should NSW Maritime suffer any damage or other losses as a result of a transaction entered into by a minor, NSW Maritime 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 NSW Maritime.
3.1 NSW Maritime will post orders to the shipping address provided by the customer during the checkout process. NSW Maritime shall not be held liable for any delay in deliveries experienced. Shipping is provided within Australia only.
4. Refunds and Replacements
4.1 No refunds, credits or replacements will be offered unless NSW Maritime is satisfied that the Product was faulty when delivered, in which case it will be replaced.
If the Product cannot be replaced, a refund will be offered.
5.1 NSW Maritime will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
5.2 NSW Maritime's maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to it in respect of the Product(s) in question.
5.3 Users accept that NSW Maritime gives no assurance or warranty nor makes any representation that this internet site will be continuously available or free from any delay in operation or transmission, virus, communications failure, internet access difficulties or malfunction in hardware or software.
6. Your Data - Use and Protection
6.1 For the E-store privacy statement, please refer to the NSW Maritime Privacy Statement.
7. Credit Card Fraud
7.1 NSW Maritime will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a Customer whose credit card is fraudulently used in an unauthorised manner.
8.1 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.
8.2 Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability by NSW Maritime 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 of NSW Maritime 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).
8.3 A failure to enforce any Term or Condition does not constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
8.4 Users accept that NSW Maritime makes no representations or warranties in relation to the site and does not endorse any internet site linked to the site or any third party products or services referred to on this site.
8.5 Users accessing the site agree not to download, display, print or copy the logo of NSW Maritime for any purpose and acknowledge that NSW Maritime will institute all legal remedies available for non-compliance.
8.6 NSW Maritime reserves the right to change the Terms and Conditions of sale at any time.
9. Governing Law
9.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.
10.1 For the E-store disclaimer statement, please refer to the NSW Maritime Disclaimer.