Website Terms & Conditions

Web Wiz Copyright 1.             Acceptance Of This Agreement

Your access to and use of this website ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website. 

2.         Advice

The content of the pages of this website is for your general information and personal use only. It is subject to change without notice. The Website does not constitute advice and should not be relied upon in making or refraining from making, any decision. Advice given in store is given based on the experience of the person offering the advice e.g. our staff can only base their advice on the knowledge they have obtained throughout the hobby that is specific to them. Whilst all care is taken in explaining the pros and cons of aquarium and fish care, their or our experience may not always be applicable to your situation and is therefore given in good faith but we accept no responsibility for the events surrounding your tank or pond. Obviously we try our best to advise you correctly as we want your return business.    

3.         Changes to Website, Software, and Services

Marine Boutique reserves the right to;

a)     Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Marine Boutique shall not be liable to you for any such change or removal.

b)    Change, remove, or discontinue any software, service, or promotion (including but not limited to any previsions, parts thereof, licensing, pricing) as advertised on this website at any time without notice and you confirm that Marine Boutique shall not be liable for any such change or removal.

c)     Change or discontinue any promotional discount vouchers or coupon codes at any time with notice and you confirm that Marine Boutique shall not be liable for any such change or removal.

d)    Change this Agreement at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change. 

4.         Links to Third Party Websites

The Website may include links to third party website's that are controlled and maintained by others. These links are provided for your convenience to provide further information. Any link to other website is not an endorsement of such website and you acknowledge and agree that we are not responsible for the content or availability of any such sites. We have no responsibility for the content of the linked website(s).    

5.         Copyright

The Intellectual Property Rights in this website and the materials on or accessible via it belong to the original author, 'Marine Boutique' or its licensors. This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website). This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

'Marine Boutique' and the Marine Boutique Logo are trademarks which belong to 'Marine Boutique' and they may not be used, copied or reproduced in any way without written consent from 'Marine Boutique'. Additionally all trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

For these purposes "Intellectual Property Rights" includes the following (wherever and whenever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.    

6.         Limitation Of Liability

The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

To the extent permitted by law, Marine Boutique will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

Marine Boutique makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Marine Boutique for death or personal injury as a result of the negligence of Marine Boutique or that of its employees or agents. 

7.         Indemnity

You agree to indemnify and hold Marine Boutique and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Marine Boutique arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website. Neither we, Marine Boutique nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.  

8.         Severability

In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.  

9.         Applicable Law and Dispute

Whether shopping on-line, in-store or using this website, any dispute arising out of such actions or use, or this Agreement and all matters arising from it, are governed by and construed in accordance with the laws of Australia and New South Wales whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be Australia.    

10.        Headings

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.    

11.        Entire Agreement

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.   

12.        User Accounts

Creation of user accounts must be without any form of rude or derogatory usernames, email addresses, passwords,    content, images or comments. Marine boutique further reserves the right to remove any accounts and their contents at our discretion that we feel doesn't conform to our policy and/or as we see fit, whether written or implied. Marine Boutique also reserves the right to delete any user account that we deem is not being used or contains incomplete or incorrect information. 

13.        Club Membership 

The definition of a "Club Marine Boutique" member is a person or business that has a history of trading at our retail outlets either in-store or on-line and has been assigned a unique membership number or MB Personal Loyalty Card (PLC). A Club Marine Boutique member is entitled to certain or specific discounts as offered by the retail outlet management, advanced notice of new stock arrivals, access to secure areas of the website containing educational and technical information regarding the aquarium hobby, posting of advertisements for sale of Pre-Loved equipment, access and additions to our "Wish List" and inclusion if accepted to any club functions or events.  

14.        Posting of Equipment for sale (Pre-Loved Equipment)

Typically the equipment offered, contains no warranty by Marine Boutique or the seller, but occasionally some items may still possess a portion of a manufacturer’s warranty or guarantee, (although some manufacturers warranties are not transferable), and in some cases sellers can and may still offer their own warranty. Prices listed are for CASH or DIRECT DEPOSIT ONLY and is usually payable to the seller directly, however there are some cases where payment can be made directly to Marine Boutique Pty Ltd that is accepted on behalf of the seller, but only with prior arrangement by the seller and Marine Boutique. In these cases payments can be made via CASH, EFTPOS or credit card but some of these payment methods will incur a further transaction fee, typically 2.8% for EFTPOS, Visa and Mastercard to cover Marine Boutique for any percentages charged by the credit card companies. Marine Boutique does not and will not enter into haggling with pricing between the seller and the purchaser.   

Marine Boutique reserves the right to add, delete, or modify any provision this Agreement at any time without notice.


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