(a) This website, www.hitechmarine.com.au (“Website”), is owned and operated by Tayver Pty Ltd (ACN 053 288 994) as trustee for the Spiteri Family Trust (ABN 79 304 503 636).
(b) In these terms, we will refer to Tayver Pty Ltd (ACN 053 288 994) as trustee for the Spiteri Family Trust (ABN 79 304 503 636) as “Hitech Marine”, “we”, “us” and “our”.
(c) Hitech Marine provides its website visitors with the ability to Purchase, Enquire or Learn About our Products and Services. Hitech Marine provides Retail clients and Trade clients the with Online Accounts to track, View and submit orders and also offer to them Exclusive deals, Promotions and services Based on their Client type or Tier. (collectively, “Services”)
(a) The terms in this document/on this page comprise the “Member Terms”.
(b) By applying to become a Hitech Marine Member (which, in these terms, includes each time you renew or restart your Hitech Marine Membership) you agree to be bound by the Member Terms.
(c) The Member Terms apply in relation to becoming a Hitech Marine Member, terms of remaining a Hitech Marine Member, participating in promotions offered or promoted by Hitech Marine, and paying for Products or services.
(d) If any of these terms and conditions are found to be invalid or unenforceable, that invalidity or unenforceability will not affect the remainder of these terms and conditions, which will continue in full force and effect.
(e) Purchasing or Proceeding with an Order in Person
(f) Purchasing or Proceeding with an Order Online
These Member Terms are in addition to the Website terms and conditions, the terms of any Hitech Marine Product or Service and the terms of any offer, deal or promotion promoted by a third party on our Website, Our Supplier or on a website or social media page controlled by us.
(a) We may, without notice, amend or modify these terms and conditions by posting the amended Member Terms to our Website and by notifying you of the change.
(b) If you do not agree to the amended Member Terms, you must notify us by email prior to the amended Member Terms coming into effect, following which your Hitech Marine Membership will end and the agreement between us governed by the Member Terms will terminate.
All prices are subject to change without notice, including due to market and currency fluctuations, changes in duty, GST and other government charges.All prices are
(a) Our Website includes an electronic shopping cart. In the event that you commence but do not complete a transaction, we or our agents may use the information you have entered to contact you by email to either:
(i) remind you that the transaction remains incomplete; or
(ii) understand why the transaction did not complete, (‘Follow Up Email’).
(b) By using our Website, you consent to receiving such Follow Up Emails. If you receive a Follow Up Email, you can request that we do not make further contact regarding the incomplete transaction. All prices are
(a) You may apply to become a Hitech Marine Member using the relevant form on our Website.
(b) When you apply to become a Hitech Marine Member, you confirm that all the details that you have provided are true and correct and up-to-date.
(c) When you apply to become a Hitech Marine Member you may choose between different tiers of Hitech Marine Membership with different features, inclusions, and durations periods.
(d) When you apply to become a Hitech Marine Member, you are making an application which we may accept or reject. Your receipt of an order confirmation does not signify our acceptance of you as a Hitech Marine Member, nor does it constitute confirmation of our offer to sell you Hitech Marine membership. We reserve the right at any time, without prior notice to you, to refuse to sell you Hitech Marine membership. All refunds will be issued using the same payment method as the original order.
(e) You are not a Hitech Marine Member until we have accepted your application to become a Hitech Marine Member and we have received payment from you.
(f) All applications to become a Hitech Marine Member must obtain pre-approval with an acceptable method of payment.
(g) Customers placing orders over a certain amount may be asked to provide additional information or verification before their order is accepted for processing.All prices are
(a) You may apply to become a Hitech Marine Member using the relevant form on our Website.
(b) When you apply to become a Hitech Marine Member, you confirm that all the details that you have provided are true and correct and up-to-date.
(c) When you apply to become a Hitech Marine Member you may choose between different tiers of Hitech Marine Membership with different features, inclusions, and durations periods.
(d) When you apply to become a Hitech Marine Member, you are making an application which we may accept or reject. Your receipt of an order confirmation does not signify our acceptance of you as a Hitech Marine Member, nor does it constitute confirmation of our offer to sell you Hitech Marine membership. We reserve the right at any time, without prior notice to you, to refuse to sell you Hitech Marine membership. All refunds will be issued using the same payment method as the original order.
(e) You are not a Hitech Marine Member until we have accepted your application to become a Hitech Marine Member and we have received payment from you.
(f) All applications to become a Hitech Marine Member must obtain pre-approval with an acceptable method of payment.
(g) Customers placing orders over a certain amount may be asked to provide additional information or verification before their order is accepted for processing.
(a) If you wish to cancel your application to become a Hitech Marine Member before it is accepted, please contact us as soon as possible. If we agree to you changing or cancelling your order after it has been placed, we may do so subject to charging a reasonable fee for processing the cancellation.
(b) We may cancel your application to become a Hitech Marine Member before we accept it. We may do this even if we have received payment from you or sent you a tax invoice. Notice of cancellation will be sent to the contact details you provided when applying to become a Hitech Marine Member. We may cancel your order for any reason, but usually only if:
(i) there is a problem with the information you provided when you applied to become a Hitech Marine Member;
(ii) we suspect there is a problem with the information you provided when you applied to become a Hitech Marine Member;
(iii) we will be unable to provide you with services due to the location of your residence within a reasonably time;
(iv) there was any error in the description or the price as advertised by us;
(v) there was an error in the calculation of the fees in your order or in our system; or
(vi) your order is in breach of these or any other relevant terms and conditions or is contrary to any law.
(c) If we cancel your order for reasons out of your control, we will endeavour to refund you as soon as possible
(a) To apply to become a Hitech Marine Member, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form.
(b) You will be required to choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to keep your username and password confidential and secure, and not to permit any other person to access the services using your username and password. You acknowledge that your details are non- transferrable.
(c) You agree to notify us immediately of any unauthorised use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
(d) However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
(e) You must provide us with complete and up-to-date information, as requested. It is your responsibility to inform us of any changes to your registration information.
(a) The duration of your Hitech Marine Membership commences on the date we accept your application to be a Hitech Marine Member and continues for the duration of the Hitech Marine Membership you selected in your application.
(b) You may apply to renew, restart or increase your Hitech Marine Membership at any time via your Hitech Marine Membership and paying the relevant fee at the time of making the application.
(c) At the end of your Hitech Marine Membership, you will no longer be a Hitech Marine Member, nor will you have the benefits provided to Hitech Marine Members.
(a) The duration of your Hitech Marine Membership commences on the date we accept your application to be a Hitech Marine Member and continues for the duration of the Hitech Marine Membership you selected in your application.
(b) You may apply to renew, restart or increase your Hitech Marine Membership at any time via your Hitech Marine Membership and paying the relevant fee at the time of making the application.
(c) At the end of your Hitech Marine Membership, you will no longer be a Hitech Marine Member, nor will you have the benefits provided to Hitech Marine Members.
(a) When you participate in a Hitech Marine Benefit, you expressly consent and agree to the Hitech Marine providing some or all of your personal information and other information which we hold about you to the Hitech Marine Client, and to the Hitech Marine Client using and disclosing your personal information:
(i) to enable you to participate in the Hitech Marine Benefit;
(ii) for the purpose of direct marketing activities;
(iii) for any other purpose set out in the Hitech Marine Client’s privacy policy; and
(iv) for any other purpose permitted by law.
(b) We will not provide your personal information to a Hitech Marine Member unless that the Hitech Marine Member agrees to comply with the Privacy Act 1988 (Cth), the Australian Privacy Principles and their privacy policy.
(c) You agree that the Hitech Marine is not responsible for the use or disclosure of your personal information by a Hitech Marine Client, and you agree to indemnify and hold harmless the Hitech Marine for any loss or damage you may suffer as a result of the use or disclosure of your personal information by a Hitech Marine Client.
(a) In your interactions with Hitech Marine, Hitech Marine Clients, Hitech Marine Suppliers, other Hitech Marine Members or any other person interacting with Hitech Marine Members and Hitech Marine Clients, you must:
(i) be polite and respectful;
(ii) adhere to the terms of use of any relevant social media platform/website;
(iii) comply with copyright, privacy, defamation, contempt of court, discrimination, harassment and other applicable laws; and
(iv) comply with any Hitech Marine Code of Conduct we have in place from time to time.
(b) In your interactions with the Hitech Marine, Hitech Marine Suppliers, other Hitech Marine Members or any other person interacting with Hitech Marine Members and Hitech Marine Clients, you must not:
(i) post material that is offensive, obscene, defamatory, threatening, harassing, bullying, discriminatory, hateful, racist, sexist, infringes copyright, constitutes a contempt of court, breaches a court suppression order or is otherwise unlawful;
(ii) use the identity or likeness of any other person; or
(iii) make any comment or post any material that might cause damage to the Hitech Marine’s or Hitech Marine Clients’ reputation or bring any of them into disrepute.
(a) We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use the Website in accordance with these Terms. All other uses are prohibited without our prior written consent.
(b) Unless otherwise indicated, we own or license all rights, title and interest (including intellectual property rights) in the Website, our trade mark and name, and the services we provide. Your use of the Website and the services we provide does not grant or transfer to you any rights, title or interest in relation to the Website or the services we provide.
(c) Unless otherwise agreed to by us, you must not, without our prior written consent:
(i) copy or use, in whole or in part, any of our intellectual property;
(ii) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
(iii) breach any intellectual property rights connected with the Platform, including (without limitation):
(iv) altering or modifying any of our intellectual property;
(v) causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
For the avoidance of doubt, this clause does not limit you from promoting the Hitech Marine on your social media platforms, subject to compliance with terms relating to Hitech Marine Membership rules.
(a) If you wish to cancel your Hitech Marine Membership before the end of the duration of your Hitech Marine Membership, please contact us or use the relevant form in the Hitech Marine Membership section of the website. You will be liable for the fees associated with the Hitech Marine Membership up until the end of the then duration (for example, for a fixed duration, until the end of that fixed duration, and, for a recurring monthly duration, until the end of that month).
(b) For any cancellation or return, you must comply with any cancellation policy which we have in place from time to time.
(a) We are not required to provide a refund or replacement if you change your mind.
(b) If you wish to cancel your Hitech Marine Membership because you are unsatisfied, please contact us and we’ll see what can be arranged.
(c) The Australian Consumer Law provides you with consumer guarantees. If the Hitech Marine Membership you ordered has a has a major problem, you can choose a refund or exchange. A major problem includes where:
(i) it has a problem that would have stopped someone from buying it if they had known about it;
(ii) what you received is significantly different from that which you ordered;
(iii) doesn’t do what we said it would do; or
(iv) isn’t what you asked for.
(d) We will comply with the Australian Consumer Law. Please contact us and we’ll see what can be arranged
Despite anything to the contrary, to the maximum extent permitted by law, the Hitech Marine is not liable for, and you waive and release us from and against, any loss or damage caused or contributed to by, arising from or connected with:
(a) any Hitech Marine Benefit;
(b) the participation in or redemption of any Hitech Marine Benefit;
(c) the use of the goods or services of a third party promoted by the Hitech Marine;
(d) caused by this Website or any other Website linked to or from this Website;
(e) your acts or omissions;
(f) any person other than you;
(g) any interaction between you and any third party listed on the Website;
(h) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Website, including the removal of any Hitech Marine Benefit, Hitech Marine Client or third party on the Website;
(i) the Website being unavailable, or any delay in us providing the Website to you, for whatever reason;
(j) any illness, injury or death resulting from use of the Website, the participation in or redemption of any Hitech Marine Benefit, or the use of the goods or services of a third party promoted by the Hitech Marine;
(k) any transaction entered into between you and any third party or Hitech Marine Client;
(l) any goods or services that are lost, altered, damaged, delayed or misdirected (whether or not after their receipt by you) due to any reason beyond our reasonable control;
(m) any tax liability you may incur; or
(n) any event outside of our reasonable control.
(a) Subject to any applicable law that cannot be excluded, the Hitech Marine and its related entities will not be liable to you or any other person for any non-excludable direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from or in connection with products or services available or supplied to you, or on your behalf, through this Website.
(b) For all other claims or liability, as far as permitted by law, the maximum liability of the Hitech Marine and its related entities for any loss, damage or claim whatsoever arising out of or in connection with this Website, these Member Terms, any products or services available or supplied to you, or on your behalf, through this Website will be:
(i) in the case of goods, at our election:
(1) replacing, repairing or supplying equivalent goods;
(2) paying the cost of replacing, repairing or supplying equivalent goods; or
(3) refunding amounts paid in respect of the goods,
(ii) in the case of services (including Hitech Marine Membership), at our election:
(1) supplying the services again;
(2) paying the cost of having the services supplied again; or
(3) refunding amounts paid in respect of the services.
(c) The Hitech Marine and its related entities will not in any case be liable for any lost profit (direct or indirect), deletion or corruption of electronically or digitally stored information or incidental, consequential or special damages arising out of or in connection with this Website and any Hitech Benefits.
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any loss or damage suffered by us arising from or in connection with your use of the Website, the participation in or redemption of any Hitech Marine Benefit, the use of the goods or services of a third party promoted by the Hitech Marine, any breach of these Member Terms or any
applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms. You agree that it is not necessary for us to suffer or incur any loss or damage before enforcing a right of indemnity under these Member Terms.
(a) In this clause, “Australian Disputes Centre” means the Australian Disputes Centre Limited (ABN 87 003 042 840) (www.disputescentre.com.au) and includes any other body as may replace, assimilate or merge with it.
(b) If any dispute arises out of or in connection with the Member Terms (“Dispute”), neither party may commence any court proceedings relating to the Dispute unless this clause has first been complied with, except where that party seeks urgent interlocutory relief.
(c) A party claiming that a Dispute has arisen must give notice in writing to the other party specifying the nature of the Dispute (“Dispute Notice”).
(d) On receipt of that notice by the other party, you and we must use our best endeavours to expeditiously resolve the Dispute.
(e) If the you and we have not resolved the Dispute within ten business days of receipt of the Dispute Notice, or further period as is agreed in writing by them, the Dispute must (at the instigation of either of you or us) go to mediation in accordance with this clause.
(f) The mediator appointed to resolve the Dispute will be:
(i) either as agreed in writing by you and us or, failing agreement within five (5) days of a request by either you or us to do so, then;
(ii) as appointed by the Australian Disputes Centre, or their nominee.
(g) The mediation will be confidential with the costs of the mediator being borne equally by you and us to the Dispute and each of you and us must bear its own legal costs.
(h) If mediation does not resolve the Dispute:
(i) after twenty (20) Business Days, or any longer period as agreed in writing; or
(ii) an earlier date as the mediator notifies in writing that the mediation is at an end;
either you or we may give notice in writing to the other that the mediation has not resolved the Dispute and that they intend to commence proceedings in court.
(I) If the Dispute is not resolved at mediation then each of you and us are at liberty to claim their costs against the other, including the mediator’s costs, in any subsequent court proceedings.
(a) You may cancel your Hitech Marine Membership as set out in these Member Terms. If:
(i) we agree to refund amounts paid by you or release you from payment of any fees, your Hitech Marine Membership terminates immediately;
(ii) your Hitech Marine Membership was a fixed duration, your Hitech Marine Membership terminates at the end of that fixed duration; and
(iii) your Hitech Marine Membership was a recurring monthly duration, your Hitech Marine Membership terminates at the end of that month.
(b) The Hitech Marine may terminate your Hitech Marine Membership with immediate effect:
(i) if you are in material breach of these Member Terms;
(ii) if you are in material breach of the terms and conditions of Hitech Marine Client in respect of a Hitech Marine Benefit;
(iii) if you breach clauses in these Member Terms which relate to fees, payment, direct debit, privacy, intellectual property, conduct and membership rules;
(iv) if you are in material breach of any applicable laws, regulations or third-party rights;
(v) if the Hitech Marine decides to cease operating its business; or
(vi) for any other reason at our sole discretion.
(c) We may, in our discretion, suspend rather than terminate your Hitech Marine Membership.
This does not waive our rights, including to subsequently terminate your Hitech Marine Membership.
(a) On the termination of your Hitech Marine Membership:
(i) due to a cancellation at your election and subject to the terms of a Hitech Marine Benefit, you are entitled to continue to participate in a Hitech Marine Benefit which you participated in prior to the termination of your Hitech Marine Membership
(ii) for any other reason, you are no longer eligible to participate in and forfeit any Hitech Marine Benefit which you participated in prior to the termination of your Hitech Marine Membership;
(iii) you are no longer eligible to participate in any new Hitech Marine Benefit;
(iv) subject to the terms of a Hitech Marine Benefit, any accrued Hitech Marine Benefits will be forfeited;
(v) we may delete or revoke access to your account on the Website;
(vi) we may retain the personal information which we hold about you, unless you request us not to, in which case we will take reasonable steps to anonymise your data;
(vii) Hitech Marine Clients may retain your personal information and it is your obligation to deal with the Hitech Marine Client directly concerning your personal information;
(viii) clauses relating to definitions, interpretation, fees, payment, direct debit, account security, privacy, use of personal information, Hitech Marine Membership rules, intellectual property, our liability, limitations on our liability, indemnities, termination and consequences of termination survive the termination.
(a) Should you have any queries or concerns regarding these Member Terms please contact us by emailing: admin@hitechmarine.com.au
(a) Governing Law
The Agreement is governed by the laws of Western Australia and each party submits to the exclusive jurisdiction of the courts of Western Australia.
(b) Assignment
Neither party may assign any of its rights or obligations under the Agreement without the other party’s prior written consent.
(c) Relationship
Nothing in the Agreement gives rise to any relationship of agency, partnership, employment or otherwise between the parties.
(d) Entire Agreement
The Agreement constitutes the entire agreement between the parties in connection with their respective subject matter and supersedes all previous agreements or understandings between the parties in connection with the relevant subject matter.
(e) Further Assurance
Each party must promptly do whatever any other party reasonably requires of it to give effect to the Agreement and to perform its obligations under these Client Terms.
(f) Severability
If any provision in the Agreement at any time is or becomes void or voidable or unenforceable, the remaining provisions, if any, will continue in full force and effect and any void, voidable or unenforceable provision will be replaced by a lawful and enforceable provision which, so far as possible achieves the same economic and other benefits for the parties, as the void, unlawful or unenforceable provision, was intended to achieve.
(g) Conflict
Where any conflict occurs between the provisions contained in the Agreement, such provisions will be read down to resolve such conflict. If the conflict remains incapable of resolution by reading down, the conflicting provisions will be severed from the Agreement without otherwise diminishing the enforceability of the remaining provisions of the Agreement.
(h) Waiver
No waiver of a right or remedy under the Agreement is effective unless it is in writing and signed by the party granting it.
(i) Variation
No variation of the Agreement is effective unless made in writing and signed by each party.
(j) No Representations or Warranties
You acknowledge that Hitech Marine does not make under the Agreement, or outside of them, any representations or warranties regarding goods and services or any matter (including but not limited to descriptions, illustrations and performance contained in the Website or any other advertising or marketing materials) which is or might be relevant to you entering into this Agreement other than the representations or warranties expressed here.
(k) Consent
Any consent which we are requested to give under the Agreement, we may give or withhold in our absolute discretion and on such terms as we request in our absolute discretion.
