Terms of service

TERMS OF SERVICE

OVERVIEW

This website is operated by Marine Petrol Parts. Throughout the site, the terms "we", "us", and "our" refer to Marine Petrol Parts. Marine Petrol Parts offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following Terms of Service ("Terms"), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions contained in this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features, tools, or functionality added to the current store shall also be subject to these Terms of Service. You may review the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc. They provide the online e-commerce platform that enables us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or country of residence, or that you have obtained the consent of a parent or legal guardian to allow any minor dependents to use this site.

You may not use our products or services for any unlawful or unauthorised purpose, nor may you, in the use of the Service, violate any applicable laws or regulations in your jurisdiction, including, but not limited to, copyright laws.

You must not transmit any worms, viruses, malware, or any code of a destructive nature.

Any breach or violation of these Terms of Service may result in the immediate suspension or termination of your access to the Service.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card and payment information) may be transferred unencrypted and may involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to the technical requirements of connecting networks, systems, or devices.

Credit card and payment information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell, exploit, or otherwise make commercial use of any portion of the Service, the use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is inaccurate, incomplete, or out of date. The material on this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain historical information. Historical information is provided for reference purposes only and is not necessarily current.

We reserve the right to modify the contents of this site at any time but have no obligation to update any information on our website. You acknowledge and agree that it is your responsibility to monitor changes to our website.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

Products displaying no price or a price of $0.00 are not currently available for sale and will not be supplied at that price. A $0.00 price may occur as a result of website functionality, data synchronisation issues, or product information not being available at the time of display and does not constitute an offer to sell the product at that price.

We reserve the right to correct any pricing errors, product information errors, stock availability errors, shipping calculation errors, or other inaccuracies that may occur on our website.

We reserve the right at any time to modify, suspend, discontinue, or remove the Service (or any part of the Service, content, products, or functionality) without prior notice.

We shall not be liable to you or to any third party for any modification, price change, correction of errors, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Returns Policy.

We have made every effort to display as accurately as possible the colours, images, descriptions, and specifications of our products. However, we cannot guarantee that your monitor or device will accurately display colours or images.

We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer. All product descriptions, specifications, availability, compatibility information, and pricing are subject to change at any time without notice, at our sole discretion.

Product availability displayed on our website is subject to change without notice. While we make every effort to maintain accurate stock levels, inventory discrepancies may occasionally occur. If an item becomes unavailable after an order has been placed, we reserve the right to cancel the affected item and issue a refund or offer an alternative solution.

Certain products may be subject to freight restrictions, dangerous goods regulations, oversized freight requirements, remote area surcharges, or carrier limitations. In some cases, additional freight charges may apply after an order has been placed. Where this occurs, customers will be contacted and may choose to pay the additional freight charges or cancel the order for a full refund.

International Orders

International orders may be subject to import duties, taxes, VAT/GST, customs clearance fees, brokerage charges, and other fees imposed by the destination country.

These charges are not included in the product price or shipping charges displayed at checkout and are the responsibility of the recipient.

Marine Petrol Parts has no control over these charges and cannot predict their amount. Customers are responsible for complying with all import requirements and customs regulations in their destination country.

If a shipment is refused by the recipient, abandoned, returned due to unpaid customs charges, or returned because required customs information is not provided, any return freight costs, customs duties, taxes, brokerage charges, storage fees, customs clearance fees, carrier charges, or other associated costs incurred may be deducted from any refund issued.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, household, business, or order. These restrictions may include orders placed under the same customer account, using the same payment method, and/or using the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address, phone number, or other contact information provided at the time the order was placed.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, or parties engaging in fraudulent or suspicious activity.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, billing information, shipping information, and payment details, so that we can complete your transactions and contact you as needed.

We reserve the right to request additional information or documentation to verify customer identity, shipping information, payment details, tax identification numbers, customs information, or any other information required to process and fulfil an order.

Where shipping rates, freight charges, duties, taxes, dangerous goods surcharges, oversized freight charges, remote area surcharges, or other shipping-related costs have been incorrectly calculated due to carrier limitations, system errors, or incorrect information, we reserve the right to contact the customer to collect the additional amount required before dispatch. Customers may choose to pay the additional amount or cancel the order for a full refund.

Failure to provide accurate information or requested documentation may result in delays, cancellation of the order, or refusal of service.

For more information, please refer to our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that access to such tools is provided on an "as is" and "as available" basis, without any warranties, representations, conditions, or endorsements of any kind. We shall have no liability whatsoever arising from or relating to your use of any optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms and conditions on which such tools are provided by the relevant third-party provider.

We may also, in the future, offer new services, products, features, functionality, tools, and resources through the website. Any such new services, products, features, functionality, tools, and resources shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available through our Service may include materials provided by third parties.

Third-party links on this website may direct you to websites, services, or resources that are not affiliated with Marine Petrol Parts. We are not responsible for examining or evaluating the content, accuracy, legality, availability, or practices of any third-party websites and do not warrant or assume any liability or responsibility for any third-party materials, websites, products, or services.

We shall not be liable for any loss, damage, claim, or expense arising from or relating to the purchase, use, or reliance upon any goods, services, resources, content, or other transactions made in connection with any third-party websites.

We encourage you to carefully review the policies, terms, and practices of any third-party website before engaging in any transaction or providing any personal information.

Any complaints, claims, concerns, or questions regarding third-party products, services, or websites should be directed to the applicable third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries), or if you send creative ideas, suggestions, proposals, plans, reviews, feedback, or other materials without a request from us (collectively, "Comments"), whether online, by email, by post, or otherwise, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use any Comments that you forward to us in any medium.

We are under no obligation to:
(1) maintain any Comments in confidence;
(2) pay compensation for any Comments; or
(3) respond to any Comments.

We may, but have no obligation to, monitor, edit, refuse, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, fraudulent, misleading, infringing, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.

You agree that your Comments will not violate any rights of any third party, including copyright, trademark, privacy, publicity, personality, or other personal or proprietary rights.

You further agree that your Comments will not contain unlawful, abusive, defamatory, obscene, or otherwise objectionable material, nor contain any virus, malware, malicious code, or other harmful software that could affect the operation of the Service, our website, or any related systems.

You may not use a false email address, impersonate another person or entity, or otherwise mislead us or third parties as to the origin of any Comments.

You are solely responsible for any Comments you submit and for their accuracy. We take no responsibility and assume no liability for any Comments posted, submitted, or transmitted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

Our Privacy Policy explains how we collect, use, store, disclose, and protect your personal information when you use our website or purchase products from us.

By using our website or placing an order, you acknowledge that you have read and understood our Privacy Policy.

Please refer to our Privacy Policy for further information regarding our privacy practices and your rights relating to your personal information.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website or within the Service may contain typographical errors, inaccuracies, omissions, or other mistakes relating to product descriptions, specifications, compatibility information, pricing, promotions, offers, shipping charges, freight calculations, transit times, stock availability, or other information.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change, update, or remove information, refuse or cancel orders, or request additional payment where information on the website or within the Service is inaccurate, incomplete, or incorrect, at any time and without prior notice, including after an order has been submitted.

Where freight charges, dangerous goods surcharges, oversized freight charges, remote area surcharges, customs-related charges, or other shipping costs have been incorrectly calculated due to system errors, carrier limitations, or inaccurate information, we reserve the right to contact the customer and request payment of the additional amount prior to dispatch. Customers may elect to pay the additional amount or cancel the order for a full refund.

We undertake no obligation to update, amend, or clarify information on the website or within the Service, including, without limitation, pricing information, except as required by applicable law.

No specified update date, refresh date, or similar indication on the website or within the Service should be interpreted as meaning that all information has been modified, updated, or reviewed.

SECTION 12 - PROHIBITED USES

In addition to any other prohibitions set out in these Terms of Service, you are prohibited from using the website, the Service, or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful activity;

(c) to violate any applicable international, national, federal, state, provincial, or local laws, regulations, rules, or ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, disparage, intimidate, threaten, or discriminate against any person or group based on race, ethnicity, nationality, religion, gender, sexual orientation, age, disability, or any other protected characteristic;

(f) to submit false, misleading, deceptive, or fraudulent information;

(g) to upload, transmit, distribute, or otherwise make available any viruses, malware, ransomware, malicious code, or other harmful software designed to interfere with the operation, security, or functionality of the Service, the website, or any related systems;

(h) to collect, harvest, track, store, or misuse the personal information of others without proper authority or consent;

(i) to spam, phish, pharm, pretext, scrape, crawl, spider, data mine, or otherwise collect information from the website through automated means;

(j) for any obscene, offensive, defamatory, fraudulent, or immoral purpose;

(k) to interfere with, disable, damage, overburden, or circumvent the security features of the Service, the website, related websites, networks, systems, or the Internet;

(l) to attempt unauthorised access to any part of the website, customer accounts, systems, servers, databases, or networks connected to the Service; or

(m) to use the website or Service in any manner that could damage, disable, impair, or interfere with the operation, reputation, or security of Marine Petrol Parts.

We reserve the right to suspend, restrict, or terminate your access to the Service, the website, or any related services if we determine, in our sole discretion, that you have violated any of these prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components.

We do not warrant that the results obtained from the use of the Service will be accurate, complete, reliable, or suitable for any particular purpose.

You agree that, from time to time, we may remove, suspend, modify, or discontinue the Service for indefinite periods or cancel the Service at any time without prior notice.

Your use of, or inability to use, the Service is entirely at your own risk. The Service and all products and services delivered to you through the Service are provided on an "as is" and "as available" basis, except as expressly stated by us, without any representation, warranty, or condition of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Marine Petrol Parts does not guarantee delivery dates, transit times, carrier performance, customs clearance times, stock availability, product compatibility, or uninterrupted website functionality. Any delivery estimates provided are estimates only and are not guaranteed.

To the fullest extent permitted by law, Marine Petrol Parts, its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, licensors, and representatives shall not be liable for any injury, loss, claim, expense, liability, or damages of any kind, whether direct, indirect, incidental, punitive, special, exemplary, or consequential, including but not limited to:

• Loss of profits
• Loss of revenue
• Loss of savings
• Loss of business opportunities
• Loss of data
• Loss of goodwill
• Replacement costs
• Shipping delays
• Customs delays
• Freight carrier errors
• Product misuse
• Installation errors
• Any similar damages

whether arising in contract, tort (including negligence), strict liability, statute, or otherwise, arising from or relating to:

• Your use of, or inability to use, the Service;
• Any products purchased through the Service;
• Any errors or omissions in content;
• Any website interruption or malfunction; or
• Any loss or damage incurred as a result of the use of the Service or any content, product, or information made available through the Service.

Because some jurisdictions do not allow the exclusion or limitation of liability for certain damages, our liability in such jurisdictions shall be limited to the maximum extent permitted by applicable law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Marine Petrol Parts, its parent companies, subsidiaries, affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, and representatives from and against any claim, demand, action, liability, loss, damage, cost, or expense, including reasonable legal fees and expenses, made by any third party arising out of or relating to:

(a) your breach of these Terms of Service or any documents incorporated by reference;

(b) your violation of any applicable law, regulation, or legal requirement;

(c) your infringement of any intellectual property, privacy, or other rights of any third party;

(d) your misuse of the website, Service, or products purchased from us; or

(e) any content, information, or materials submitted, posted, transmitted, or otherwise provided by you.

This indemnification obligation shall survive the termination of your use of the Service and these Terms of Service.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, invalid, void, or unenforceable by a court of competent jurisdiction, that provision shall nevertheless be enforced to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity, legality, or enforceability of any remaining provisions, which shall remain in full force and effect.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service remain in effect unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our website.

If, in our sole judgment, you fail to comply with, or we reasonably suspect that you have failed to comply with, any term or provision of these Terms of Service, we may terminate, suspend, or restrict your access to the Service, the website, or any related services at any time without notice.

Upon termination, you will remain liable for all amounts due and owing up to and including the date of termination. Any rights, obligations, liabilities, disclaimers, indemnities, limitations of liability, and other provisions that by their nature should survive termination shall continue to apply following termination.

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies, guidelines, notices, or operating rules posted on this website or relating to the Service, constitute the entire agreement and understanding between you and Marine Petrol Parts and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications, representations, proposals, and understandings, whether oral or written, including any prior versions of these Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service, and any separate agreements under which we provide products or services to you, shall be governed by and construed in accordance with the laws of Queensland, Australia.

You agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service, the Service, the website, or any products purchased from Marine Petrol Parts shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, amend, or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes. Your continued use of, or access to, our website, the Service, or any products or services purchased from us following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about these Terms of Service should be directed to:

Marine Petrol Parts
Building L, Unit 2
The Boat Works Marina
1 Boatworks Drive
Coomera QLD 4209
Australia

Email: sales@marinepetrolparts.com.au