Terms and Conditions

We know that no one likes to read this page and that its only really when there is a problem that the contents of this page becomes important. We hope that you never have a problem but just in case you do we advise that reading this page is a great idea, especially if the weather is bad and you have watched all your diving DVD’s again.  
Paladin trading as Spearaus is the rightful owner of the Spearaus.com.au website (The website) and online shop and these Terms and Conditions (Ts + Cs) apply to the use of the website by you (User).  
    1. Spearaus advises that by your use of Website you agree to be bound by these Ts + Cs and any conditions of sale.  If you do not agree to these Ts + Cs do not use the website and do not use the checkout or shopping cart.  By checking out and using the shopping cart it signifies your acknowledgement of and agreement to be bound by these Ts + Cs.
    2. Spearaus reserves the right to amend the website and your continued use is an acceptance of any such changes. Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
    3. Spearaus reserves the right to terminate any Users’ use of the website at any time without Notice and may do so for any breach of this Agreement.
    4. This Agreement must be completed, understood and agreed to by a person over the age of 18 – if a parent or guardian wishes to permit a person under 18 to access the website he or she may do so by granting explicit permission and acceptance of full legal responsibility.  If you are not yet 18 or are accessing the website from any country where this material is prohibited, please exit now as you did not have proper authorisation.
    5. Spearaus accepts that upon your agreement – indicated by your entering onto the website and or using the shopping cart and or checkout and being 18years or older or as set out in the previous condition Spearaus grants to you a non-exclusive, non-transferable, limited licence to use the website in strict accordance with this Agreement and you further agree:
    • (a) Not to make any false or fraudulent statements as you use the website;
    • (b) That all content and services available on the website are the property of Spearaus and are protected by Copyright, Trade Mark registration, trade secrets and other proprietary rights and laws in Australia and internationally;
    • (c) Any rights not granted are fully reserved by Spearaus, its Associates and its advertisers;
    • (d) To pay for any and all purchases and services through the website using your name and Credit Card through the website and not to challenge any such charges and to pay for all collections and/or legal fees resulting from any non-payment.
    • (e) Not to charge back payment made to Spearaus or dispute charges from or payment made to Spearaus or any Spearaus client.
      1. The transaction occurs between you and the Merchant and Spearaus not being a party to the transactions cannot exchange or refund any Deal – refunds and exchanges can only occur via the Merchant and the User. Please see out refunds and exchanges policy for more information in this regard.
      2. All Deals must be used or redeemed in accordance with any terms of the Deal and must be used by the expiry date and otherwise complied within the terms shown on the Deal or the Deal is invalid.
      1. You agree to indemnify Spearaus for any responsibility in the event that you suffer any damages or loss as a result of using or consuming any Goods or Services purchased through Deals where details of those Deals have been advertised and promoted on social media platforms and/or the website and you also further agree to indemnify Spearaus for claims or refunds for faulty Goods or Services purchased through Deals advertised on social media platforms and/or the website.
      1. Spearaus will endeavour to ensure the App and Website are secure and free from any viruses, bugs, spyware, Trojans and any other harmful technologies and the User agrees to these terms and will not hold Spearaus responsible for any damage howsoever caused.
      1. Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials from the website. Systematic retrieval of data or other content from the website to create or compile, directly or indirectly, a collection, database or directory without written permission from Spearaus is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Ts + Cs is prohibited.
      1. You agree that you shall comply with all applicable export and import control laws and regulations in your use of the website, or Goods or Services received through the website, and, in particular, you shall not export or re-export anything on or received through the website in violation or local or foreign export laws and/or without all required Australian, and foreign government licences and laws.
      1. While Spearaus uses reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. Spearaus reserves the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of Goods and Services, and shall have no liability for such errors. Spearaus may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us and we will verify it for you.
      2. We have made every effort to display as accurately as possible the colour’s and images of our products that appear at the store. We cannot guarantee that your computer or any other browsing devices monitor’s display of any colour will be accurate.
      3. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the website is void where prohibited.
      1. Except with regard to personal information, all information which you post on the website and or Social media platforms or communicate to Spearaus through the website and or social media (collectively “Submissions”) shall forever be the property of Spearaus.  Spearaus shall not treat any Submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Spearaus services or products or Goods and Services. Without copy, Spearaus shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and Copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
      1. (a)   Copyright
The Site design, text, content, selection and arrangement of elements, organisation, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable Copyright laws. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted by mechanical, photocopying, recording or otherwise, without Spearaus’s prior written permission.
      1. (b)   Trademark
Spearaus, Spearaus.com.au, logo, and all product names, company names, and other logos, unless otherwise noted, are pending trademarks and/or trade dress of Spearaus. The use or misuse of any trademarks or any other materials contained on the Site, without the prior written permission of Spearaus, is expressly prohibited.   PERSONAL INFORMATION
      1. Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy click here
      1. You may be transferred to online merchants or other third party sites through links or frames from the website. You are cautioned to read their Ts + Cs and/or Privacy Policies before using such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of Spearaus and are not monitored or reviewed by Spearaus. The inclusion of such a link or frame does not imply endorsement of any site by Spearaus, its advertisers or licencors, or any association with its operators and is provided solely for your convenience. You agree that Spearaus and its licencors have no liability whatsoever from such third party sites and your usage of them.
      1. Under no circumstances shall Spearaus, its advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use or inability to use, the website. This limitation applies whether the alleged liability is based on contract, tort, negligence, strictly liability, or any other basis, even if Spearaus, its advertisers and/or its licensors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages Spearaus, its advertisers and/or its licensors’ liability in such jurisdictions shall be limited to the maximum extent permitted by the laws of your jurisdiction.
      1. You agree to defend, indemnify, and hold harmless Spearaus, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of the website, or any Goods and Services, information or products from the website, or any violation of these Ts + Cs. Spearaus reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Spearaus in asserting any available defences.
      1. Spearaus may suspend or terminate these Ts + Cs or the User’s use immediately upon receipt of any notice which alleges that the User has used the website for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations of its agent, officers, directors, contractors or employees. In such event, Spearaus may disclose the User’s identity and a subpoena or other legal action, and Spearaus shall not be liable for damages or results thereof and the User agrees not to bring any action or claim against Spearaus for such disclosure.
      2. Given the popularity and/or supply constraints of some of our products and/or services, Spearaus may have to limit the number of products and/or services available for purchase. Spearaus reserves the right to change quantities available for purchase at any time, even after you place an order. Furthermore, there may be occasions when Spearaus confirms your order but subsequently learns that it cannot supply the ordered product. In the event we cannot supply a product or service you ordered, Spearaus will cancel the order and refund your purchase price in full or offer an alternative.
      3. The website reserves the right to revise these provisions at its discretion, so check back from time to time to be sure you are complying with the current version.