Terms of service

SHARK STOP AUSTRALIA PTY LTD | TERMS OF USE & GENERAL TERMS AND CONDITIONS FOR ALL CUSTOMERS/CLIENTS/USERS
ABN: 17 649 234 757

This is the terms of use and general terms and conditions of Shark Stop Australia (SHARK STOP AUSTRALIA PTY LTD) In this document, “we”, “our”, or “us” refers to Shark Stop Australia.

The customer/user must read this document carefully.

These Terms are governed by the law of the place where Shark Stop is based (as disclosed below).

Shark Stop service(s) is provided by:

  • Shark Stop Australia Pty Ltd 11 River Road, Dinmore, 4303, Queensland
  • Owner contact email: orders@sharkstop.co

“Shark Stop services” refers to;

any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;

What the user/customer/client should know at a glance

Please note that some provisions in these Terms may only apply to certain categories of users. In particular, certain provisions may only apply to customers/clients or to those users that do not qualify as customers/clients. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all users.

Shark Stop’s website is owned by Shark Stop, and is operated by Shark Stop.

Your access to this website and purchase of products and services, is subject to these terms and conditions, notices, disclaimers, any other terms and conditions or other statements contained on this website, and, if you use any of the services identified on this website for which additional or alternative terms and conditions are referred to, those additional terms and conditions for those other services (referred to collectively as Terms of Use). By accessing, viewing or otherwise using this website, you agree to be subject to these Terms of Use.

COPYRIGHT STATEMENT

Unless indicated otherwise, Shark Stop holds the copyright to this website and its contents, except where information is clearly in the public domain.

You are not permitted to reproduce or alter this website for any other purpose. Nor are you permitted to download and alter the contents of this website. Nor is permission given for any sale or commercial use of any or all of this website, or any content owned by Shark Stop.

CODE OF CONDUCT

You shall use the website and services for lawful purposes only. You shall not post or transmit via the Website any material (Content) which violates in any way the rights of others, which is unlawful, threatening, defamatory, invasive of privacy, obscene, breaches copyright law or intellectual property rights or is otherwise objectionable.

SUPPLY OF CONTENT

Shark Stop reserves the right to refuse services to any customer or user.

To the extent permitted by law, Shark Stop will be under no liability to you in respect of any loss or damage which you may suffer or incur or which may arise directly or indirectly in connection with your supply of content or details to Shark Stop, or the subsequent use of your created content by Shark Stop or any third parties.

In the case that you (your business) would like to report undesirable content, posts or to bring to Shark Stop users who may not be following these Terms of Use, please email Shark Stop.

All prices are initially quoted in Australian dollars and are Goods and Services Tax (GST) exclusive.  For customers and clients outside Australia, GST does not apply.

PURCHASING SERVICES

When purchasing goods or services from Shark Stop and/or entering into a contract, the customer fully understands and accepts the following statements:

(a) Shark Stop holds and reserves all intellectual property (IP) rights for any such content. Customers/clients/users therefore may not use content/services outcomes in a way that is not implicit in the proper use of the service/service outcome. All services and outcomes (where IP is applicable) supplied will remain the property of Shark Stop. All services provided, will give Shark Stop legal title over the footage, design, intellectual property, items, products, or equipment, until the service(s) have been fully paid for, and at which time a licence for use is granted to the customer/client/user.

(i) if payment has not been made for services and outcomes in a timely fashion and within credit terms, or the customer/client has gone into bankruptcy and/or liquidation, goods/services must be immediately returned to Shark Stop as per the above.

(ii) the above means that all goods and outcomes serviced in any way by Shark Stop will become the property of Shark Stop, until such time as the payment for the services has been completed.

DISCLAIMER

Shark Stop strives to keep information stored on this website up to date, but does not guarantee the accuracy, reliability or currency of the information.

Shark Stop makes the greatest effort to make sure that content provided by Shark Stop does not infringe on legal provisions or third-party rights. However, it may not always be possible.

If this happens, without prejudice to any legal prerogatives of a customer/client/users to enforce their rights, users can report complaints via email using the details provided in this document (see above).

The customer/client/user understands that it is prohibited to copy, download, share, modify, sell, on-sell, sub-license to third parties or create derivative works from the content on Shark Stop website.

By use of this website, you agree that you have read and accepted the following information (when available) supplied on the website.

  • Shipping Information
  • Returns & Exchanges
  • Sizing Guide
  • Privacy Policy

NEWSLETTER, ELECTRONIC DIRECT MAIL, & CUSTOMER DETAILS

You agree to provide accurate and current information about yourself (termed “Registration Data”) when completing the member registration form, newsletter form, lead generation forms from Shark Stop social media advertising.

You agree to update your Registration Data in the event that your Registration Data changes or becomes out-of-date.

Shark Stop may alter, without notice to you, any conditions for becoming a member and Shark Stop reserves its rights to alter or vary the benefits and privileges accruing to members.

Shark Stop has the right to refuse, terminate or suspend your membership, (future) password or use of the Website in its absolute and sole discretion.

Shark Stop is not liable to you or any third party for any loss or damage or claim arising from your membership being terminated or suspended.

You agree to Shark Stop sending you electronic direct mail (EDM) from time to time to inform you of changes to the Website and to inform you of promotions and advertisements.

ACCEPTABLE USE

Shark Stop goods and services and its outcomes may only be used for what they are provided for, under these Terms and applicable law.

Customers/clients/users are solely responsible for making sure that their use of Shark Stop services does not violate any applicable law, regulations or third-party rights.

Therefore, the customer/client reserves the right to take any appropriate measure to protect its legitimate interests including by denying users access to Shark Stop goods or service outcomes, terminating contracts, reporting any misconduct performed through Shark Stop or the service to the competent authorities – such as judicial or administrative authorities – whenever users engage or are suspected to engage in any of the following activities:

  • violate laws, regulations and/or these Terms;
  • infringe any third-party rights;
  • considerably impair the customers/clients legitimate interests;
  • offend the customer/client or any third party.

LIMITATION OF LIABILITY (Australian Use Only)

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right).

COMMON PROVISIONS

No Waiver

Customer/client/user failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

The customer/client/user may not reproduce, duplicate, copy, sell, resell or exploit any portion of Shark Stop and of its service without Shark Stop’s written and signed permission.

Privacy Policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of Shark Stop goods and services.

USA USERS

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU USERS

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

GOVERNING LAW

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

EXCEPTION FOR EUROPEAN CONSUMERS

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
Only where applicable, the above does not apply to any users/customers/clients that qualify as European Consumers, nor to Consumers based in Switzerland, Norway, or Iceland.

VENUE OF JURISDICTION

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

CHANGES

Shark Stop reserves the right to amend or otherwise modify these Terms at any time. If changes occur, these changes will not affect any current agreements with the customer/client. The changes will affect future agreements. The continued use of Shark Stop goods and services and service outcomes will signify the customer/client acceptance of the Terms changes. If the customer/client does not agree, nor want to submit to the changes, they must notify Shark Stop and stop using Shark Stop goods and/or services. Non- acceptance entitles Shark Stop to end the service agreement(s).

RETURNS

You represent and warrant in relation to any material that you post, transmit or submit photographic evidence of via the Website that:

  • You (the sender) are authorised to provide the material
  • The material does not infringe or interfere with the rights of any person, including the privacy of any person (willing consent must be made clear and evident if requested)
  • The material is original and does not infringe any intellectual property right including, but not limited to, trademarks, confidential information, and/or copyright
  • The material is only genuine and from the seller as advertised
  • The material does not infringe any legislation or regulations of the Commonwealth of Australia.

You agree not to post, submit or transmit via the Website any persons’ name, contact details, and other personal information unless you have first sought and obtained the written permission of that person to do so (this permission can be requested at any time by Shark Stop).

By posting, submitting, or transmitting material via the Website, you agree that Shark Stop then has a never-ending, free license to reproduce, and use the intellectual property provided.

USA USERS

Disclaimer of Warranties

Shark Stop services are provided strictly on an “as is” and “as available” basis. Purchase of these goods or services is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the user from the owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licencors, officers, directors, agents, co-branders, partners, suppliers, influencers, and employees do not warrant that the content is accurate, reliable, or correct; that the goods or service will meet Users’ requirements; that the goods or service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected immediately; or that the goods or services are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the goods or services is downloaded at user’s own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browsers, mobile devices, and/or operating systems. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, influencers, and employees be liable for:

  • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
  • any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Service or User account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the goods or services;
  • any unauthorised access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
  • any interruption or cessation of transmission to or from the Service;
  • any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
  • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, influencers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, influencers, and employees harmless from and against any and all claims or demands, injuries, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:

  • User’s use of and access to the goods and services, including any data or content transmitted or received by User;
  • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
  • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
  • User’s violation of any statutory law, rule, or regulation;
  • any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measures, if applicable, including, but not limited to, misleading, false, or inaccurate information;
  • User’s use of the product
  • User’s wilful misconduct; or
  • statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent allowed by applicable law.

CONTACT US

Email: orders@sharkstop.co
Mail: Attn: Shark Stop – Privacy Officer
11 River Road
Dinmore
QLD 4303

CHANGES IN TERMS OF USE

We aim to ensure our policies remain current. However, this policy is subject to change. We cannot guarantee that this policy is up-to-date at all times.

Please return periodically to review our policy. If you have any questions regarding the policy and terms, please contact us via email at orders@sharkstop.co