disclaimer

General Terms and Conditions Of Use

When using the Clean Ocean Foundation’s website content or Clean Ocean Foundation's website services, you agree to the terms and conditions listed on this web page as at time of use. Clean Ocean Foundation may from time to time amend, update or change this Website including these Terms and Conditions of Use without prior notice.

General Disclaimer

Clean Ocean Foundation is not liable to you or anyone else for any loss suffered in connection with the use of this Website or a linked website.
Without limiting this general disclaimer the following specific warnings and disclaimers also apply.

Copyright

This Website is the intellectual property of the Clean Ocean Foundation and is subject to copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Commonwealth of Australia) and similar statutes that apply in your location, you may not, in any form or by any means:

• adapt, reproduce, broadcast, decompile, disassemble, download, copy, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Website; or
• commercialise any information, products or services obtained from any part of this Website, without Clean Ocean Foundation's prior written permission.

You agree that by submitting, posting, publishing or otherwise making available any material (including technical, artistic, literary, dramatic or musical works) or information, in any medium, (Material) to Clean Ocean Foundation that:

1. you warrant that: (a) such Material does not infringe any copyright, trade mark, patent, design, confidentiality or other right of any party, and (b) where any party has rights in the Material it has consented to the Material being used in the manner in question
2. you indemnify Clean Ocean Foundation from any claim or liability from or in respect of any Material submitted, posted, published or otherwise made available by you on this Website, and
3. unless otherwise governed by prior express written agreement with Clean Ocean Foundation, you give your consent to Clean Ocean Foundation:(a) reproducing, publishing, posting or using such Material on the Website; or (b) modifying, adapting, translating or creating derivative works of the Material for the Website subject to any rights of third parties of which you may have given notice to the Clean Ocean Foundation when making the material available to the website which may operate to limit such treatment or use of the Material or part thereof.
   

You acknowledge that Clean Ocean Foundation has the ultimate discretion to:

1. publish, post, transmit or otherwise make available any Material on the Website, or
2. remove or take down any Material from the Website.

Trade marks

These trade marks: the name CLEAN OCEAN FOUNDATION, its logos, symbols, other form of representation and products and services referred to in this Website are trade marks of Clean Ocean Foundation Limited. Other product and company names mentioned in this Website may be the trade marks of other people or entities. If you use any of Clean Ocean Foundation's trade marks to refer to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of Clean Ocean Foundation's trade marks:

• in or as the whole or part of your own or other trade marks;
• in connection with activities, products or services which are not those of Clean Ocean Foundation;
• in a manner which may be confusing, misleading or deceptive; or
• in a manner that disparages us or our cause, information, products or services (including this Website).

Links and other business relationships

Other than as required by law, Clean Ocean Foundation makes no representations or warranties whatsoever about any other website which may be accessed through this Website. Links are provided as a courtesy to others only and in no way should be interpreted as an endorsement. Clean Ocean Foundation makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible via this Website or any website with which it is linked. Further, Clean Ocean Foundation is not responsible for any information or opinions published on any website linked to or from this Website. In no event will Clean Ocean Foundation be liable to any party for any direct, indirect, special or other consequential loss or damage from any use of this Website, or on any other linked website, including without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such loss or damage.

Linking to this Website

Linking to this Website will only be permitted with the express written permission of Clean Ocean Foundation. Any links, if allowed, must link directly to this Website's homepage and none of the other pages within unless otherwise agreed by us in writing.

Contents

This Website and its contents must not be distributed, posted, transmitted, modified, reused or otherwise reproduced in whole or part without our express prior written consent. Product information concerning some product specifications, tables and/or descriptive phrases were created by respective manufacturers and are used with permission. Product illustrations are, in some cases, provided courtesy of the manufacturer and used with their permission.

Warranties

To the extent permitted by applicable law, all representations, warranties and other terms are excluded. You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you or in your location.

Shipping

Clean Ocean Foundation offers Standard Postage Mail delivery. Please note that the delivery times listed below are estimates only. Clean Ocean Foundation does not guarantee delivery times as delays may be experienced.

Risk and Damage

Clean Ocean Foundation accepts no responsibility for any loss or damage to goods in transit.

Payment

Payment will be considered received once the amount paid by you is received by Clean Ocean Foundation in immediately available funds. Until payment is received, Clean Ocean Foundation reserves the right to cancel any order or delivery.

No Liability

Clean Ocean Foundation assumes no liability for the use of any information posted here or for the use of any product or service described or contained, on this Website. In no event will Clean Ocean Foundation or its members, employees, agents, suppliers, or contractors be liable for any damages of any kind or nature, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss of income or profit, loss of or damage to property, claims of third parties or other losses of any kind or character, even if Clean Ocean Foundation has been advised of the possibility of such damages or losses arising out of or in connection with the use of this Website or any website with which it is linked.

To the extent permitted by law, Clean Ocean Foundation's liability in relation to any product or service purchased as a consequence of your use of the Website is limited to the lesser of: (a) the replacement price of any product purchased; and (b) the purchase price paid by you to Clean Ocean Foundation for that product or service.

In certain jurisdictions, the above provision may not apply to customers purchasing products or services ordinarily acquired for personal domestic or household use.

Member services

Clean Ocean Foundation reserves the right to terminate your account or membership if it learns that you have provided false or misleading registration information, interfered with other users or the administration of Clean Ocean Foundation's services, or violated these Terms and Conditions of Use. Once terminated, you cannot access the Website or any other of Clean Ocean Foundation's services in any manner or for any reason without the express prior written consent of Clean Ocean Foundation.

If you are the holder of an existing account, you cannot assist in enabling a terminated user access to Clean Ocean Foundation using or via your account.

Severability

If any part of these Terms and Conditions of Use are or become illegal, invalid or unenforceable in any relevant jurisdiction, the legality, validity or enforceability of the remainder of the Terms and Conditions of Use will not be affected and these Terms and Conditions of Use will be read as if the part in question had been deleted in that jurisdiction only.

Prices in Australian Dollars

Unless otherwise specified, all prices listed on this Website are in Australian Dollars and do not include any freight charges or Taxes. You are required to pay all freight charges and Taxes. Clean Ocean Foundation may increase its prices to include any freight charges and Taxes. Taxes means any direct or indirect tax, levy, charge, impost, duty, fee or withholding which is assessed, levied, imposed or collected by any governmental agency or other authority and imposed on any transaction including the sale, purchase, hire, importation, transport or delivery of any goods and services and includes any goods and services tax, customs duty or any other indirect tax.

Interference

Clean Ocean Foundation is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from this Website is free of viruses or anything else (such as "worms" or "trojan horses") that may interfere with or damage the operations of your computer systems.

Specific Warnings and Disclaimer

Manufacturers have reserved the right to alter product specifications without notice. Publishing information about a product does not constitute an endorsement by Clean Ocean Foundation. With respect to the Website and any website with which it is linked to the extent permitted by law, Clean Ocean Foundation disclaims all warranties, express or implied, including without limitation any implied warranties of merchantability and fitness for a particular purpose.

Invitation to Treat

Nothing in this Website, including these Terms and Conditions of Use, is to be construed as an offer to enter into a contract with Clean Ocean Foundation in relation to the provision of any goods and/or services. This Website and the goods and services displayed within it is an invitation to treat only.

Publishing information about a product on this Website does not ensure its availability. Products are advertised subject to availability. Price information is subject to change without notice. Clean Ocean Foundation does not undertake to keep this Website updated. Clean Ocean Foundation is not liable to you or anyone else if errors occur in the information on this Website or if that information is not up to date.

Indemnification

You agree to fully indemnify and hold Clean Ocean Foundation harmless from any claim, cost, demand or damage (including legal costs on a full indemnity basis) incurred or which may be incurred arising from a breach by you of these Terms and Conditions of Use.

Waiver

Clean Ocean Foundation’s failure to exercise or enforce any one or more of its rights under these Terms and Conditions of Use will not constitute a waiver of such rights unless such waiver is granted by Clean Ocean Foundation in writing.

Governing Law

These Terms and Conditions of Use will be governed and interpreted in accordance with the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of that State. If any of the provisions of these Terms and Conditions of Use is, or the application of one or more of those provisions to any person or circumstance is, or becomes illegal, invalid or unenforceable in any jurisdiction, that or those provisions will be: (a) interpreted in that jurisdiction, as nearly as possible, to reflect the intentions of the parties; and (b) if necessary to maintain the effectiveness of these Terms and Conditions of Use, be severed for the purposes of that jurisdiction, with the remaining provisions remaining in full force and effect. All legal content contained on this Website relates only to the laws of Victoria, unless specifically stated otherwise. The laws of Victoria may be different from your laws.

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