Conditions of Use
1. Definitions
"The Customer”. The Buyer"The Buyer". The Customer
"The Consumer" The Retail Client
"The Dealer” The Trade Dealer/Buyer
SCUBAONLINE.COM.AU & APOLLOMILITARY.COM & GEARKEEPER.COM.AU are operated by Apollo Australia Pty Ltd on the World Wide Web. It provides a secure e-commerce environment, in which consumers can:
A) View Apollo Australia Pty Ltd products;
B) Place orders for these products;
C) Register product warranties;
D) Complete applications for a (RGA) Returned Goods Authority Number;
E) Update and manage their account on SCUBAONLINE.COM.AU & APOLLOMILITARY.COM & GEARKEEPER.COM.AU
Subscriber means each person that completes and creates a Consumer Account for the purpose of accessing and use of
2. General terms
The Provider shall have the right at any time to change or discontinue any aspect or feature of SCUBAONLINE.COM.AU & APOLLOMILITARY.COM & GEARKEEPER.COM.AU, including, but not limited to, content, hours of availability, and equipment needed for access or use.3. Changed Terms
The Provider shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of SCUBAONLINE.COM.AU & APOLLOMILITARY.COM & GEARKEEPER.COM.AU or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on SCUBAONLINE.COM.AU & APOLLOMILITARY.COM & GEARKEEPER.COM.AU or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of SCUBAONLINE.COM.AU & APOLLOMILITARY.COM & GEARKEEPER.COM.AU by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications, or additions.All payments are due 20 days after the End of Month. All invoices unpaid at 21 days after the End of Month will attract a default account keeping fee of 2.5% per month until the account is returned to the agreed trading terms. Credit will automatically be stopped at 60 days or more. Legal action will be taken at 90 days unless otherwise negotiated. Any further orders will be on a cash basis and will not qualify for prompt payment discount whilst account is not current. In the event of legal action having to be undertaken pursuant to any breach of this agreement, then in that event and at the Seller’s absolute discretion all discounts provided to the applicant shall be null and void and the full list price will be recovered. Possession and title to goods sold and delivered shall not pass from seller to buyer unless actual payment has been made in full for the subject goods. The Seller shall be entitled (in the event of the buyer defaulting from the above terms and conditions of sale) to: (I)A right of general lien on all goods owned by the Buyer of whatsoever nature and where so ever situate to the value of the unpaid price of goods delivered to the Buyer by the Seller under the same or any other contract. (ii)The right to seize and re-possess all goods supplied by Apollo Australia Pty Limited without prior notice, that are the subject of the Buyer’s default at the Seller’s discretion. The Applicant irrevocably grants Apollo Australia Pty Limited, its servants and/or agents, the right to enter the Applicant’s premises or any premises where so ever situate where goods over which the Seller has a lien as provided herein are located and in this respect, the Buyer indemnifies and keeps indemnified the Seller from any and all claim that may arise from his entry onto premises to exercise his rights of lien and or re- possession as provided herein.
6. Prices
When making payment please ensure the following steps are taken: Please send a remittance advice with your cheque or TT advising us which invoices are being paid. Unless otherwise advised all payments will be made against the oldest outstanding invoices. When making payment any deductions must be explained in writing and are subject to our approval. Prompt payment discount is available only on invoices paid within 14 days of the invoice date where the buyer’s account is current unless the applicant has signed and been approved for a Loyalty Plan linked to automatic Credit Card deductions. Opening orders up to the first $10,000 for all new accounts with no prior trading history are to be on a cash basis unless negotiated with the Directors. Management reserve the right to withhold negate or delete loyalty points where the outstanding debt exceeds 60 Days from date of Invoice.
7. Returns
Returns will not be accepted without prior written authorization. Authorized returns accepted into stock will be charged a 25% restocking charge at the Sellers absolute discretion. All returns must be pre-approved with a RGA (Returned Goods Authority) number & are to be freight prepaid and accompanied by an invoice copy or relevant receipt of purchase.
8. Freight
All Invoices bear freight charges. Any customer requesting overnight delivery will be charged all extra costs incurred. Delivery to the carrier constitutes delivery and the Seller accepts no responsibility for the goods after delivery to the carrier whatsoever. Claims for merchandise lost or damaged in transit must be made with the carrier immediately after receipt of merchandise. We reserve the right to charge a $20.00 service fee for all orders under $100.00.
9. Warranty & Replacement policy - Terms, Conditions & exclusions:
All products excluding batteries sold by Apollo Australia Pty Ltd are covered by a 12-month warranty, and as implied by law, from date of purchase, by the end user, subject to the following conditions. NB: Exceptions Batteries for DPV’s have a 6-month warranty only. That upon “proof of warranty” and if required “relevant service record” Apollo Australia Pty Ltd will repair, replace, credit, or offer an upgrade at our discretion for any product or part with defects in workmanship or materials. Apollo Australia makes no representation as to suitability for use nor accepts any responsibility for any incidental damage to persons or property. If repairs are carried out on products void of warranty, all labor, parts and freight costs will be charged. That when the product is sold, it is sold as brand new by the retailer. The product was purchased from an authorized Apollo Australia Pty Ltd retailer. All warranty replacement items sent prior to receiving faulty items back will be invoiced to the Apollo Australia retailer. On receipt by Apollo Australia of the replaced items, all approved replacement items will be re-credited to the retailer. Damage, neglect, accident, improper repair, or fair wear and tear did not cause the fault. Item belongs to the original purchaser. All items should be returned FIS to the place of purchase for return to Apollo Australia or if this is impractical FIS to Apollo Australia direct along with warranty details. For your protection we suggest all items should be sent to us by certified or registered mail depending on the value.
NB: (No warranty will be considered without proof of purchase. If a Dealer replaces an item to a consumer without permission and that item can be repaired it will be returned in an operational condition and not replaced with new stock.
10. Equipment
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of SCUBAONLINE.COM.AU, and all charges related thereto.
11. Subscriber Conduct
(A) Subscriber shall use SCUBAONLINE.COM.AU & APOLLOMILITARY.COM & GEARKEEPER.COM.AU for lawful purposes only.
(B) SCUBAONLINE.COM.AU & APOLLOMILITARY.COM & GEARKEEPER.COM.AU contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of SCUBAONLINE.COM.AU & APOLLOMILITARY.COM & GEARKEEPER.COM.AU are copyrighted as a collective work under the Australian copyright laws. Provider owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it.
(C) Subscriber has all responsibility concerning data contained in his own profile and for updating them. At the same time, his is the only responsible for anything will happen as follow as not maintaining up to date his own data including but not limited to his contact or bank account details. Customer / Subscriber is the single person who can manage his account details: username and password and his details.
(D) The foregoing provisions of Section 5 are for the benefit of Provider, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
12. Disclaimer of Warranty; Limitation of Liability
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF SCUBAONLINE.COM.AU, IS AT SUBSCRIBER'S SOLE RISK. NEITHER PROVIDER, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT PROVIDER, WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SCUBAONLINE.COM.AU, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH SCUBAONLINE.COM.AU.
(B) SCUBAONLINE.COM.AU IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT PROVIDER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL THE PROVIDER, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SCUBAONLINE.COM.AU, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SCUBAONLINE.COM.AU SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON SCUBAONLINE.COM.AU.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, PROVIDER, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN SCUBAONLINE.COM.AU, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. PROVIDER, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, PROVIDER, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
13. Monitoring
The Provider shall have the right, but not the obligation, to monitor the content of SCUBAONLINE.COM.AU & APOLLOMILITARY.COM & GEARKEEPER.COM.AU, including forums, chat rooms, private messages, artwork and posts, writing, and forums, to determine compliance with this Agreement and any operating rules established by SCUBAONLINE.COM.AU & APOLLOMILITARY.COM & GEARKEEPER.COM.AU and to satisfy any law, regulation, or authorized government request. The Provider shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on SCUBAONLINE.COM.AU & APOLLOMILITARY.COM & GEARKEEPER.COM.AU. Without limiting the foregoing, SCUBAONLINE.COM.AU & APOLLOMILITARY.COM & GEARKEEPER.COM.AU shall have the right to remove any material that The Provider, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
14. Indemnification
Subscriber agrees to defend, indemnify, and hold harmless Provider, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of SCUBAONLINE.COM.AU & APOLLOMILITARY.COM & GEARKEEPER.COM.AU by Subscriber or Subscriber's Account.
15. Termination
Either Provider or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, Provider shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which Provider, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 7, 8 and this Section 9 shall survive termination of this Agreement.
16. Miscellaneous
This Agreement and any operating rules for SCUBAONLINE.COM.AU & APOLLOMILITARY.COM & GEARKEEPER.COM.AU established by Provider constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Australian laws, without regard to its conflict of laws rules. The section headings used herein are for convenience only and shall not be given any legal import.
17. Reward Points Program
Points unused after two years automatically expire.
18. Final
For any further inquiries please read Shipping & Returns, Privacy Notice contact us via Contact Us. Feel free to read all documents provided in "Information" section.
_____________________
Revision 2.0.0 from 29/09/2022
