DISCLAIMER - WEBSITE TERMS OF USE

Welcome to the Legendary Skindiving Equipment web site (the Web Site). The Web Site is owned and operated by Pier Projects Pty Ltd, trading as Legendary Skindiving Equipment, ABN 46 551 628 014. By accessing, browsing, or using this Web Site, you agree to be bound by these Terms, without modification of the terms, conditions, and notices contained herein. If you do not agree to these Terms then please do not use the Web Site.

You should also refer to our Privacy Policy, which contains important information regarding personal information you may provide to us on the Web site.

Any reference to we, us and our in these Terms is a reference to Legendary Skindiving Equipment.

User Rights and Obligations

No Unlawful or Prohibited Use.
As a condition of your use of this website, you warrant to Legendary Skindiving Equipment that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You must not:
1. Disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;
2. Violate any Applicable Law relating to your use of the Site; or
3. Collect or store personal data about other users of the Site.

Use of the Site Is At Your Risk
You use the Site at your risk and everything on the Site is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.

Use of Content
The Website is available only for your personal and non-profit use. We have the right to change or discontinue any feature of the Website. You may not copy, reproduce, republish, frame, post, upload, distribute, transmit or modify in any way all or any part of the content contained on this Website, unless expressly authorised in writing by Legendary Skindiving Equipment. You must not transmit or attempt to transmit any data, code or other material of any kind to this Website that contains a virus or other harmful component.

Warranties & Liabilities

We do not warrant that the Website will operate error free or that this Website and its servers are free of computer viruses and other harmful data. Nor do we warrant that it will be able to prevent any illegal, harmful or inappropriate use of the Website. If your use of the Website or the Material results in the need for servicing or replacing equipment or data, we are not responsible for those costs.

Limitation of Liability
To the extent permitted by law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Site and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.

Third Party/linked sites
We have not reviewed all of the sites linked to this Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through advertisements or through any search engines). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.

Liability Disclaimer
The information, products, and services published on the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein, and Legendary Skindiving Equipment may make changes to the website at any time. Legendary Skindiving Equipment makes no representations about the suitability of the information, products, and services contained in the website for any purpose. All such information, products and services are provided "as is" without warranty of any kind.

Legendary Skindiving Equipment hereby disclaim all warranties and conditions with regard to this information, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Legendary Skindiving Equipment be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, or for any information, products, and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, even if Legendary Skindiving Equipment has been advised of the possibility of damages.

Products and Services

The terms "Product" means the products or services advertised for sale on the Website; "Website" means the website owned by Legendary Skindiving Equipment; "You" and "your" are references to persons purchasing Product.

By ordering a Product from this Website you expressly agree to be bound by these Purchase Terms and Conditions. This agreement ("Agreement") is between you and Legendary Skindiving Equipment.

Placing an order
The prices on the Web Site and any other information in respect of a Product is not an offer to sell but is an invitation to treat only, and is subject to the availability of the Product, which may change from time to time. You may offer to purchase goods by completing the order form and submitting it with your credit card details for the price of the Product. Your Order must contain all ordering information specified on the order form.

You may not cancel an Order once it is submitted, even if our acceptance or rejection of your offer is still pending. Legendary Skindiving Equipment reserves the right to accept or reject in its absolute discretion any Orders which may be received by it for any reason including, without limitation, the unavailability of any Product, an error in the price or the Product description on the Order Page, or an error in an order made by you. Legendary Skindiving Equipment is not required to give reasons for rejecting your offer to purchase.

Legendary Skindiving Equipment will refund your payment should your offer be rejected. If Legendary Skindiving Equipment rejects your offer to purchase the goods for any reason, neither it nor you will be under any further liability to the other arising out of your original offer or its non-acceptance of that offer.

Legendary Skindiving Equipment gives no undertaking as to the availability of Product advertised on this Website and the prices shown are subject to alteration without notice. The prices at which the Product is sold are inclusive of any goods and services tax imposed under Australian law ("GST").

Payment, Receipts & Delivery
Payment for Product sold by Legendary Skindiving Equipment to you must be tendered at the time of placing an Order by enclosing credit card details for the price of the Product ordered with the Order and submitting it to Legendary Skindiving Equipment. Legendary Skindiving Equipment accepts the order by you to purchase a particular Product for the price when the bank or other financial institution in which Legendary Skindiving Equipment deposited it clears your credit card payment.

Upon acceptance of your order, delivery will be affected to the address nominated by you. Legendary Skindiving Equipment is not liable for any delay in delivery.

Description of Product
Descriptions on this Website of Product are descriptive only. Actual finished Product delivered to you may be subject to minor variations.

Risk and Title
Legendary Skindiving Equipment retains title to a Product until the Product is delivered. Title and risk in the Product will pass on shipping of the Product to you.

Exclusions and Limitations
All statutory and implied conditions and warranties are excluded to the extent permitted by law. To the extent permitted by law, the liability of Legendary Skindiving Equipment under any condition or warranty which cannot legally be excluded (including those under the Trade Practices Act 1974) is limited to the replacement or repair of the Product or supply of equivalent Product; or the payment of the cost of replacing or repairing the Product or of acquiring equivalent Product.

You acknowledge that you do not rely and it is unreasonable for you to rely on the skill or judgment of Legendary Skindiving Equipment as to whether the Product supplied is reasonably fit for any purpose for which it is being acquired.

Except to the extent expressly provided for in this Agreement, Legendary Skindiving Equipment has no liability (including liability in negligence) for any loss or damage consequential or otherwise suffered or incurred in connection with the Product provided by Legendary Skindiving Equipment, including but not limited to any loss or damage consequential or otherwise suffered or incurred and caused by or resulting directly or indirectly from any failure, defect or deficiency of any kind of or in the Product.

Indemnity
You indemnify Legendary Skindiving Equipment regardless of any negligence on its part, against all losses, liabilities, legal costs and other expenses incurred by Legendary Skindiving Equipment arising directly or indirectly as a result of or in connection with the breach by you of any provision of this Agreement or any wilful, unlawful or negligent act by you in connection with the supply by Legendary Skindiving Equipment to you of, or use by you of, any Product.

Notices and Claims
Any warranty or other claims by you under this Agreement are as well as any questions you may have in connection with this Agreement should be emailed or sent to Legendary Skindiving Equipment at the address set out on the Web Site.

Governing Law and Jurisdiction

The law of the State of Victoria, Australia governs this Agreement. The parties submit to the non-exclusive jurisdiction of the courts of this State and the Federal Court of Australia.

Modification of These Terms and Conditions

Legendary Skindiving Equipment reserves the right to change the terms, conditions, and notices under which this website is offered. You agree that no relationship exists between you and Legendary Skindiving Equipment as a result of this agreement or use of the website.

Any rights not expressly granted herein are reserved.

Correspondence should be emailed to sales @ legendary.com.au