Terms & Conditions

PLEASE READ THESE TERMS CAREFULLY.
The Agreement sets out the only terms of sale of products and services by Skeeta Watersports Pty Ltd to you.  These Terms & Conditions (T&C) along with the product/services details (including as displayed at our premises and/or online at www.skeetawatersports.com from time to time), Cookie and Privacy Policies displayed at the Website, collectively constitute the entire agreement (Agreement) between us and you. To the extent of any inconsistency, these T&Cs will prevail. In responding to our promotion of goods and services or otherwise interacting with us in relation to any goods/services, and/or accepting any goods/services (including as prizes and otherwise) you (i) undertake and agree to observe and be bound by and comply with these T&Cs and all notices and regulations issued by us and displayed in stores, on the Website or elsewhere, and (ii) also agree that you have not relied on, and shall have no remedy or claim in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person other than as expressly set out in the Agreement. Our activities and supply to you are strictly conditional upon you accepting and agreeing to comply with the T&Cs of this Agreement. You acknowledge and agree that the T&Cs prevail over all other terms, including your terms and conditions whether or not included within any purchase order regardless of whether or not such terms and conditions are supplied by you at any time (including subsequently).

If you have an issue with any goods, services or anything published by us or our customer service, or the T&Cs, please contact our Customer Care Team by our contact form on www.skeetawatersports.com or via our contact details in clause 16.

1              Definitions

1.1           you or your means you.

1.2          we, us or our means Skeeta Watersports Pty Ltd (ACN 640 161 904).

1.3          Order means an order placed by you for Product(s) or Services through our Website, by phone, email or using such other means as we may permit from time to time. This also includes any changes that are subsequently agreed by both parties.

1.4         Deposit means a non-refundable amount paid by you to us to reserve a Product when it becomes available for delivery.

1.5         Purchase Price means the price charged by us for Products or Services Ordered by you and other associated costs, including shipping costs.

1.6         Privacy Policy means our Privacy Policy as published on the Website.

1.7          Product(s) means the goods, products, and parts thereof that we offer to supply and all products, goods and parts thereof in connection with which we provide Services.

1.8         Service(s) means the services that we offer or provide.

1.9         Website means www.skeetawatersport.com

1.10        Premises means the physical address of Skeeta Watersports Pty Ltd, Unit 16/59-65 Keys Rd, Moorabbin, Victoria, Australia 3189.

1.11         Boat(s) means the Products Skeeta and Nikki foiling dinghies.

1.12        T&C(s) means these Terms and Conditions.

1.13        Agreement means the agreement between you and us as defined above and in clause 2.7.

1.14        IP means patents, rights to inventions, copyright and related rights (including any such rights in arrangements, websites or software), trademarks, trade names and domain names, rights subsisting in trading, business or domain names and e-mail addresses, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs (and equivalent forms of protection), rights in computer software, database rights, data rights, rights to preserve the confidentiality of information (including know-how and trade secrets) all other intellectual property rights of a similar or corresponding character which subsist now or in the future in any part of the world, in each case whether registered or unregistered and including all applications (or rights to apply) for and to be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.

2             General

2.1          By using this Website, you acknowledge that you have read, understand, and agree to these T&Cs and our Privacy Policy.

2.2         These T&Cs govern the sale of Products and Services available on the Website or at our Premises at the time you access it.
We endeavour to keep all information, descriptions, pricing, or images correct and up to date, however, it is your responsibility to ensure the Products are suitable for your intended purpose. You agree to purchase Products from us at your own risk.
We reserve the right to change any information, descriptions, pricing, or images on the Website from time to time without notice.

2.3         By agreeing to these T&Cs you represent that you are over the age of 18. If you are under the age of 18, ask a parent or guardian to place an Order for you.

2.4        We may update, vary and amend these T&Cs from time to time without prior notice. Each time you order or otherwise purchase a Product or Service from us, the T&Cs in force at that time will apply (as set out on our Website or available at out Premises). The latest version of all our T&Cs can be found on the Website.

2.5        Any information, data and images on our Website, in other publications, materials, media or otherwise, regarding performance, suitability, dimensions, weight, colour, capacity, suitability, specifications, technical information, particulars, appearance, measurements and particulars of Products, packaging and/or Services, and any drawings, photographs and illustrations (i) are included only for general information, are not intended to address any specific objective or function of yours, and does not constitute any form of advice or recommendation by us. (ii) does not guarantee that the same will exactly reflect the physical Product (or its packaging) or end product of any Services, and (iii) are not to be treated as being or as forming part of our Agreement. You must ensure the accuracy and suitability of all Products, Services, materials and other factors, packaging and/or Services. Products (and their packaging) provided to you may vary from that information, data or images. If you are concerned about the precision of information, data or images and whether it might meet your requirements, we recommend that you contact us prior to placing an Order because once purchased, unless otherwise permitted by these T&Cs the Products are not returnable or refundable and Services are not refundable.

2.6        We do not make any representations in relation to any Products that are manufactured by third party suppliers whose products we sell.

2.7         All supply by us, and orders by you for any Product and/or Service including those placed through the Website, by phone, in person or otherwise, are subject to the T&Cs, which T&Cs are deemed to be incorporated into all transactions between you and us, including any documentation relating to any transaction. By placing an Order with or purchasing or obtaining any Product/Services from us, or responding to any promotion, advertising or any advert by us, you thereby agree that the T&Cs apply and form our agreement with you; the acceptance by us of your Order is subject to that agreement by you to these T&Cs of sale. Any changes to the Agreement will not apply unless prior approved in writing by us.

2.8        This Agreement constitutes the entire understanding and agreement between the Parties in relation to the subject matter.  It may not be changed or modified except by separate written agreement signed by both Parties.

2.9        You agree and acknowledge that you have not relied on any statement, warranty, representation or undertaking save as expressly set out in this Agreement.

2.10       You agree that the terms of this deed are not enforceable by any third party.

2.11        You agree to comply with all warnings, prohibitions and other notices for use of the Products provided by us in these T&Cs, when the Products are supplied to you or as otherwise notified to you or posted on the Website from time to time.

3             Copyright and Intellectual Property

3.1          Unless otherwise indicated, all content published and made available on the Website is the property of Skeeta Watersports Pty Ltd and is subject to copyright. This includes, but is not limited to images, text, graphics, logos, documents, and anything that contributes to this Website.
You may not, without the prior written permission from us and any other relevant rights owners: broadcast, republish, transmit, distribute, adapt, make a derivation or change in any way the content or third-party content for any purpose.

3.2         You agree that nothing you do on or in relation to the Website will transfer or grant any rights, title or interest in or to you in any existing IP or accompanying documentation, guides or other materials.

3.3         All rights title and interest in the trademarks and names SKEETA and NIKKI are ours. We own the design and copyright rights in the Boats and certain parts thereof.

4            Orders

4.1         Your Order for Products must contain your correct name, invoice address, delivery address, telephone number, email address, credit card details and any other details we or our payment merchant requires to process and deliver your Order. You must promptly update this information if it becomes out of date.

4.2        By placing your Order with us, you offer to pay the Purchase Price of the Products. Your Order is an offer to purchase from us and it does not form an Agreement with us until we accept the Order in accordance with this clause at which time you accept the T&Cs as binding. Title to Product remains ours until you have paid in full (without any deductions). You agree that until payment has been made in full we may enter any premises where Product if stored and remove it.

4.3        Where you place an order:

4.3.1          in store, we accept your Order when we confirm acceptance and readiness to provide the Products.

4.3.2         via our Website or phone, your Order is accepted when we notify you that the Products are ready for dispatch or collection (as the case may be).

4.3.3         for Products which are cut, made to measure, coloured or otherwise customised to your specification, we accept your Order seven days after the date of your Order or when we start to cut, make, mix, treat, colour or customise those Products, whichever is earlier.

4.3.4        for Services (or Services comprising Product), we accept your Order when we confirm acceptance and readiness to provide the Services.

4.4        Once you have submitted your Order and paid the Purchase Price, you shall not cancel or modify your Order.

4.5        Any Order that contains Products/Services in which you provide us with measurements, you will ensure that these measurements are correct and accurate and that the Products/Services meet your needs as there is no right of return.

4.6        You appreciate that some Products and materials (including those used in providing Services) are sourced from third party suppliers. Any price quoted by us, our representative or appearing on our Website or other publication is subject to variation without notice, for example but not limited to in the event of an increase in tax rates, or as a result of a third party price increase, or other business costs or plans or mispricing.  However, if we intend to change a price from that given to you by us, we will let you know and give you an opportunity to cancel your Order.

4.7         All Products are subject to availability. If your Order contains Products which are not in stock, we will inform you of any delays and an estimated delivery date. We will also inform you if a Product is no longer available. Further, we may make changes to Products, Services, websites, databases and information, and test various aspects of them to change and update them and Products.

4.8        If we have mispriced any Product or Service then we will not be obliged to supply the Products/ Services at the incorrect price or at all. We will (at our discretion) either cancel your Order and refund the Purchase Price you have paid or contact you and ask you whether you wish to continue with the Order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your Order or relevant Product and refund the price you have paid.

4.9        We reserve the right to modify, reject or cancel your Order whenever it is deemed necessary. If we cancel your Order and have already processed your payment, we will give you a refund equal to the Purchase Price. You agree that it is your responsibility to monitor your payment method used to verify receipt of any refund.

4.10       Unless stated otherwise by us in writing, Prices payable are ex works, namely the price chargeable when we make the goods available for collection from our premises and are those charged by us at date of dispatch. Prices exclude packing and shipping, which will be charged at extra cost. Except to the extent that this is varied by any agreement by us to provide delivery (which will be an additional packaging and shipping charge), you assume all risk, liability and costs associated with getting the goods to their final destination.

4.11        Estimates for repairs are usually based only on information provided by you and/or a superficial examination of the goods. You appreciate that in some circumstances, the need for additional work may become apparent after we have begun work and result in additional charges.

4.12       Any Orders made in Australia are inclusive of GST.

5            Payments

5.1         You agree to pay the Purchase Price, including as updated.

5.2        Payments of the full Purchase Price shall be made before any Products are dispatched or collected from our Premises.

5.3        We use Stripe to accept credit/debit card payments.
If you purchase Products from us and use the Stripe payments platform for credit/debit card transactions, you authorize the use of and access to the credit/debit card you have chosen to use. By providing your information, you authorize Stripe to charge the amount due to your credit/debit card. For more information about Stripe, please visit www.stripe.com.au.

5.4        You undertake that you are over the age of 18 and are using your own credit/debit card and not a credit/debit card of another person.

5.5        We also accept direct bank transfer through to our bank accounts. These bank details will be published on your invoice. We ask that when you make such payments, you email us a copy of your transaction details so we can locate your payment and promptly process your Order. We are not liable for any loss you incur, directly or indirectly, from payments made into the incorrect bank account as specified on the Order invoice.

5.6        You shall advise us including detailed explanation of any discrepancies and queries on invoices in writing within 14 days of receipt and use your best endeavours to resolve all disputes and queries within a further 7 days, failing which such invoice shall be deemed to be accepted and undisputed.  Any disputed invoice shall not relieve you of any obligation to pay any other amounts that are undisputed.

5.7         We reserve the right to charge interest on any sums outstanding after 15 days at 10% over Reserve Bank of Australia base rate. You agree that we have the right to retain a boat, trailer, gear, goods, property and equipment and any other goods you have given to us, until you pay us in full. If you don’t pay us within 3 months of the due date we may sell the same and will account to you for the difference between the amount owed to us (and additional administration charges) and the amount we sold your goods for.

5.8        Products (including goods on which Services have been provided) shall once the risk has passed to you be and remain at your risk at all times unless and until we have retaken possession of such Products or goods.

5.9        If we believe your payment has violated any law or the T&Cs, we reserve the right to cancel or reverse your transaction.

6            Shipping and Delivery

6.1         When you Order from our Website, you have the option of local pickup or a choice of delivery methods. Any Products to be delivered are through one of the following methods:

6.1.1           Express, typically 1 – 5 working days to most countries,

6.1.2          Standard, typically 10 – 30 working days to most countries,

6.1.3          Standard, typically 2 – 3 working days to most suburbs in Australia,

6.1.4         LCL DAP sea freight for large items like Boats.

6.2        Delivery times are an indication only and may vary due to unforeseen circumstances. We are not liable for late or non-delivery no matter what the reason.

6.3        As soon as your purchase has been paid for in full, we will aim to ship all Products within 3 working days from receiving the full Purchase Price. If any Products are not in stock, we will notify you of any delays. In the event that we are unable to supply or deliver Products or Services ordered, we will refund money paid in respect of such, but shall not otherwise have any liability whatsoever.

6.4        If any Order is to be delivered outside Australia, you may be required to pay import duties and taxes applied by the destination country. You are responsible for paying any such duties and taxes. Please contact your local customs office for more information before placing an Order. We are not responsible for the payment of any such duties and taxes and are not liable for any failure by you to pay them.
If you refuse to pay these duties and taxes, the shipment may be deemed undeliverable and returned to the sender. In such case, you are responsible for payment of all return shipping fees and any applicable fees, duties and taxes. All such return shipping fees and any applicable fees, duties and taxes will be billed to the method of payment you used. Shipping fees are non-refundable for undeliverable shipments or refused shipments.

6.5        You are required to provide us with a complete and accurate delivery address, including the name of recipient and phone number. We are not liable if your Order is delivered to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

6.6        If any Order is to be delivered from us, it will include transport insurance to the value of the Products on the Order.   

6.7         Where we have agreed to deliver Products, we will use reasonable endeavours to deliver on the date we agree, or if no date is specified by us, we will where possible deliver within 30 days of the date of your Order. While we will use reasonable endeavours to adhere to any time stated for delivery, we shall not be liable for any loss or damage (and any direct, consequential or indirect loss or damage or costs) howsoever caused, by any delay in delivery, completion, or performance of any contract.

6.8        If we are unable to deliver the Products as a result of your action or inaction (for example, you are not present at your delivery address), we will need to arrange an alternative delivery date and we reserve the right to charge you a further fee and additional costs relating thereto.

6.9        Unless we have agreed otherwise, Products must be signed for on delivery by a person aged 18 or over at which time all risk passes to you.

6.10       If you collect the Products or arrange your own delivery, then all risk passes to you from the time that the Products are made available to you or your carrier. The Products shall be at your risk immediately on delivery to you or the carrier. You are responsible for insuring comprehensively the Products against risk. We shall not be liable in any way whatsoever for any delay, breakage or damage to or loss of the Products after we have made delivery to you or carrier.

7             Defective or Incorrect Product

7.1          On receipt your Products, you will immediately check that they match your Order and make a thorough inspection of any defects, incorrect or missing parts. If they fail to match your Order or are defective you will notify us (with detailed pictures) promptly and in any event within 14 days of receipt by contacting us. Claims may be reduced or rejected if we are not notified within the 14 days.

7.2         Any defective or incorrect Products will be replaced at no shipping charge to you, provided we are notified within 14 days from receipt of the Products. The Products must be in its original condition and not damaged or missing parts for reasons not due to our error.

7.3         If you have received a Product that has been sent directly from us and is defective or not what you Ordered, please send us photos and email them to us at sales@skeetawatersports.com.

7.4         If you have received a Product that has been sent directly from a distributor and is defective or not what you ordered, please contact your distributor.

7.5         It will be our decision in our sole discretion as to whether we repair or replace any such defect or incorrect Product or Service within a reasonable time.

8            Exchanges and Returns

8.1         We hope you are happy with your purchase, however if you have changed your mind and wish to return it to us, please notify us within 14 days of the receipt date. If 14 days have passed since the receipt date, we unfortunately can’t offer you a refund or exchange.

8.2        You must keep your proof of purchase for anything you buy from us and provide it to us if you return any Product. We will not consider any requests without proof of purchase.

8.3        No refund or exchange will be permitted if:

8.3.1          The Product was custom made for you.

8.3.2         The Product was purchased at a discounted price. Only regular priced Products may be refunded or exchanged.

8.3.3         The Product has been used or damaged since your receipt date

8.3.4        The Product must also be in the original undamaged packaging.

8.4        If you need to exchange or want to return a Product, you must email us at sales@skeetawatersports.com before returning your Product to us.

8.5        You are responsible for all return shipping charges, including any duties and taxes. Shipping costs are non-refundable. We recommend all returns be sent back to us using a trackable shipping service or purchasing comprehensive shipping insurance.

8.6        If a return is approved by us, once your return is received and inspected, we will contact you to notify you that we have received your returned Product. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit/debit card or original method of payment, within 10 business days. We will refund you the Purchase Price less any duties and taxes or shipping charges.

8.7         Address for returns, see contact details in clause 16 in these T&Cs.

9             Warranty

9.1         We guarantee that the Products are free of any defects or damage caused by workmanship or faulty materials, for the duration of 365 Days (1 year) from the date of original purchase (or longer if required by law).

9.2        If any Product used for any commercial purposes, including charter or rentals, this warranty will expire 90 Days after the date of original purchase.

9.3        This warranty only applies to normal use for which the Product was designed.  It is void if you do not look after the Boat, with regular maintenance and care as stated in any manuals/guides or other documents written by us.

9.4        Warranty of the Product DOES NOT cover any of the following Claim conditions in relation to damage or defects caused by:

9.4.1         Collisions, impacts, or accident.

9.4.2        Abuse, misuse, carelessness, vandalism, or accidental damage.

9.4.3        Breakages or defects as a result of prior damage, or repair not made by us.

9.4.4        Transport, freight carriers, loading, unloading, dropping, out of water handling or similar.

9.4.5        Sailing/foiling in over 23 knots of wind, or in rough waves/conditions or outside of recommended operating conditions.

9.4.6        Inadequate maintenance.

9.4.7         Failure to thoroughly wash the Boat and all components with fresh, clean water after each use.

9.4.8        Failure to follow any procedures in corresponding manuals/guides/documents written by us.

9.4.9        Exceeding specified weight as stated on Boat plaque.

9.4.10       Inappropriate storage or handling, including storage of the boat in closed, damp conditions (for example, a wet boat bag) or outside.

9.4.11        Constant exposure to temperatures under 0 degrees Celsius and over 50 degrees Celsius.

9.4.12       Painting, wrapping or heavily stickering the hull in dark colours.

9.4.13       Natural occurrences such as earthquakes, fires, floods etc.

9.4.14       Alterations or modifications or unauthorised repairs to the Product.

9.4.15       Usage of the boat after a warranty claim is reported.

9.4.16       Misuse, using equipment other than specified for that product e.g.: a larger rig, a larger sail, different rigs or foils etc, or use in an unseaworthy manner.

9.4.17       Inappropriate storage or transport of the Boat, including with a blocked or not properly functioning air-valve located on the Boat.

9.4.18       Improper mounting, installation or adjustments of rig, sails, fittings/foot straps, foils and other parts and associated equipment.

9.4.19       Neglect, weathering, or normal use, wear and tear.

9.5        We reserve the right to make further changes and modifications to our Products or corresponding documents at any time to maintain the functionality, value, and quality of the product.

9.6        Any repair or replacement of defective Products during the warranty period will not extend the period of the warranty of such Products and Services.

9.7         Any warranty claim relating to Products, materials or equipment not manufactured by us, but supplied to us by a third party will be made by you directly to the relevant manufacturer or supplier. Prior to making the warranty claim against the third party, you will notify us and provide details, so that we may in our sole discretion discuss the matter with the supplier and consider issues of quality of supply. Where applicable, we warrant that these parts were installed correctly and according to the instructions provided by the manufacturer.

9.8        This Warranty is not transferable. This warranty is expressly accepted by you in lieu of any and all other terms, warranties, conditions, liabilities, claims and reliefs (including equitable), whether express or implied, in fact or in law, relating to the state, quality description, capacity, design, construction, operation, use or performance of the Products and Services or to the merchantability, repair, or fitness for a particular purpose of the Products and Services or otherwise.  Save as otherwise provided herein and save to the extent strictly provided by law, all warranties, terms, conditions (including any such warranties, terms and conditions implied by statute) are hereby excluded.   

9.9        If you believe you have a warranty claim, please fill out the Warranty Claim Form and email it along with detailed pictures to sales@skeetawatersports.com.

10          Links

10.1        This Website may contain links to third party websites or services that we do not own or control. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms & conditions and privacy policies of these third parts websites before using these sites.

11            Promotions

11.1         Skeeta Watersports voucher codes are only valid on the Website and only valid for full price items.

11.2        Different voucher codes have different expiration dates and limitations. We reserve the right to alter, amend, extend, or cancel a voucher code at any time.

11.3        Unless otherwise specified, only one voucher code can be used per Order and cannot be used in conjunction with any other offer or code.

11.4        Any voucher code cannot be added after an Order has been placed.

11.5        Voucher codes are valid on full price items only.

11.6        Any Products on sale may be subject to special terms that apply to that promotion with will prevail over these T&Cs in the event of a conflict.

12           Safety Waiver

12.1        Use of the Products may carry some risk, including risk of injury or death to you or any person who uses the Products.

12.2       You acknowledge and agree that you use the Products solely at your own risk and with a full understanding of the nature and extent of all risks involved in using the Products. It is important to familiarise yourself with all with all instructions, guides, documents and materials.

12.3       You further acknowledge and agree that due to the nature of the activities associated with the Products, we are in no way responsible for any injury to you or any person that uses the Products, including the death of you or any person that uses the Products. To the full extent permitted by law, you waive all of your legal rights of action against and fully release us for any loss, damage, injury or death arising out of or in relation to your use of the Products, or use of the Products by any other person. This waiver includes (without limitation) any right you or any other person might derive from our liability for any negligent or tortious act or omission, our breach of duty, or breach of contract or breach of statutory duty by us, our directors, employees or distributors.

12.4       This waiver is binding on you, and your executors, your legal personal representative and your estate, and we will rely on this waiver.

13          Liability

13.1        To the extent not prohibited by law, you will not make any claim for and agree that we have no liability for any loss, damage, costs, expenses of any kind (including indirect, special, economic or consequential loss or damages, or for any direct or indirect loss of profits, revenue, business, data, business opportunity, or any other loss whatsoever) whether based on breach of contract, tort (including negligence), non-performance or otherwise whether or not the relevant party has been advised of the possibility of such damage.

13.2       We accept no liability for work, installation or maintenance provided by any third person. Nevertheless, you will notify us and provide details of any fault, failure and complaint, so that we may in our sole discretion discuss the matter with the supplier and consider issues of quality of supply.

13.3       You agree and acknowledge that save as otherwise provided herein or as prior agreed in writing by a director of ours:

13.3.1         we will have no liability to you (direct or consequential) in circumstances where:

13.3.1.1        there is no breach of a legal duty of care owed to you by us (or its employees, agents, related companies, or sub-contractors); or

13.3.1.2       such loss or damage is not a reasonably foreseeable result of any such breach; or

13.3.1.3       in respect of any increase in the loss or damage resulting from your actions or omissions.

13.3.2        The maximum liability that we shall owe to you and any third party for any breach of any warranty or of these T&Cs, or for all and any (i) loss, damage, costs or expenses (including legal costs) of any kind, (ii) indirect, special, economic or consequential loss or damages (which terms include, without limitation, economic loss, loss of profits, loss of business, loss of bargain, depletion of goodwill and like loss) howsoever caused, (iii) for any inconvenience or loss caused to any party as a result of cancellation or termination under these terms, (iv) for any breach, default, damage or loss which you may incur suffer or sustain as a result of any act or omission by any third party supplier, and (v) if we are prevented from, or delayed in performing, our obligations under the terms of this Agreement, or otherwise is the amount of any moneys paid to us for the Products/Services the subject of the claim or action

13.4       We are not liable for any damage or loss you incur, directly or indirectly, from the misuse or abuse of the Products.

13.5       The Products in relation to which Services are provided are designed and intended for use in Australia only and we do not confirm that the Products and Services comply with any laws, regulations, or other standards applicable outside of Australia. All Products are sold in accordance with manufacturer’s specifications and are subject to any qualifications or instructions contained in the documentation associated with the relevant Product.

13.6       Our Website, documents and other publications may contain information and materials created and submitted by third parties, and we exclude all liability relating thereto, including for all direct and indirect losses, costs and damages arising from any error, omission or inaccuracy in any such information and material.

13.7       Use of our Website is at your own risk. All contents on our Website is provided to you as is and is provided for your convenience. We are not liable for, but not limited to, any loss or damage you might suffer as a result of any inaccuracies, omission, presence of any virus, malware or other harmful material on the Website, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records.

14          Events beyond our control

Notwithstanding anything contained in this Agreement, if we are not able to perform our Agreement for reason beyond our control (including war, invasion, act of foreign enemy hostilities (whether war be declared or not), civil war or strife, rebellion, civil disaster, riot, lockouts, fire, flood, storm, transportation issues, industrial disputes, illness, disease, epidemic, pandemic, quarantine, act of terrorism, financial disaster, technical failure, default of suppliers or subcontractors, malicious damage, accident, breakdown of plant or machinery, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, earthquake, explosion, decision of any court or other judicial body of competent jurisdiction, acts of God, acts of governments or other prevailing authorities), inability to obtain goods form a supplier, or compliance with any law or governmental order, rule, regulation or direction, then such non-performance shall not be a breach of our Agreement or create any liability. The Agreement will stay in abeyance until we can perform our Agreement, or we may elect to terminate our Agreement.

15          Governing Law & Disputes

15.1        In the event that there is any complaint, or any dispute under or in relation to our Agreement or under or in relation to an Order, you shall notify full details to us within 14 days of the matter arising (failing which you agree not to make any claim or action).  Following notification to us, the Parties, or their nominees, shall as soon as reasonably practicable commence good faith negotiations to resolve the dispute or disagreement.  Should such good faith negotiations not resolve the complaint or dispute or disagreement within twenty eight (28) days of commencement of the negotiations, the dispute or disagreement shall immediately be referred to the respective senior Executive Officers (or equivalent) of the Parties, vested with authority to settle the disagreement, for their attempted resolution at a meeting at our premisesand the Parties will attempt in good faith to resolve the dispute. The meeting will be held promptly at a time and place tht we nominate and both parties will fully explain all reasons and facts relating to their position and use their best endeavours to resolve the dispute.

15.2       This Agreement and all disputes or claims arising out of or in connection with it will be governed by and construed in accordance with the law of Victoria, Australia and subject to the procedure and other requirements of clause 15.1 having been exhausted, the courts of Victoria, Australia will have exclusive jurisdiction to settle any dispute or claim (including non-contractual claims) arising out of or in connection with its subject matter.

16          Contact

If you have any questions, complaints or concerns in regards you your Order or these T&Cs, please contact us as follows:

Skeeta Watersports Pty Ltd
Unit 16/59-65 Keys Rd
Moorabbin, Victoria
Australia 3189
sales@skeetawatersports.com
+61 3 9532 6177