Terms Of Use Terms Of Use Built To Last Not Just Replace

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License to Use the Site

Oz Marine Australia™ grants you a non-exclusive, non-transferable, limited right to access, use and display the site and the materials thereon for your personal use only, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use. Except as expressly provided herein or otherwise allowed by Oz Marine Australia, you may not use the Site or the Services for any commercial purpose.

Changes to Terms and Conditions of Use

Oz Marine Australia reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, or to incorporate service fees for Members, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes.

Ownership; Restrictions

Oz Marine Australia owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Site is protected by copyright as a collective work and/or compilation, pursuant to international conventions, and other copyright laws. Oz Marine Australia, and/or its third party providers, are the owners of the copyright in the entire Site. Oz Marine Australia owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site.

You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, mirror, or in any way exploit the Site or any portion thereof for any public or commercial use, other than as expressly provided by these terms and conditions of use, without the express written permission of Oz Marine Australia. You may content from the Site for your personal use, provided that you maintain all copyright, attribution and other notices contained in or on such Content, including without limitation trademarks and service marks of Oz Marine Australia and its affiliates or the copyright holder identified in the individual Content's copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this Site. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of Oz Marine Australia and its affiliates and Content owners by viewing the copyright and trademark notices posted on the Site.

Change to Site or Content

Oz Marine Australia shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or Services, including but not limited to Content, features, or hours of availability. Oz Marine Australia may also impose limits on certain features and Services or restrict your access to parts or all of the Site without notice or liability.

Acceptable Use Policy

As a condition of your use of this Site and the Services, you warrant to Oz Marine Australia that you:

  • Will only use this Site and Services for lawful purposes in accordance with these terms and conditions of use;
  • Agree and consent to our Privacy Policy;
  • Agree not to infringe the proprietary rights, intellectual property rights, rights of publicity or privacy rights of Oz Marine Australia or third parties in connection with your use of the Site;
  • Agree to provide us with accurate information, and to update such information in the event that it becomes outdated or inaccurate, as necessary for provision of the Services to Members through our Site, and to take responsibility for the information you provide;
  • Will be responsible for creating and maintaining the confidentiality of your user name and password, and for all activity occurring under your password and Member Account;
  • Will not intentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law, while using or accessing the Site or the Services;
  • Will not harvest, gather or otherwise collect contact information of other users of the Site or Services, for any purpose including, without limitation, transmitting any unsolicited advertising, junk mail, spam, or chain letters;
  • Will refrain from using unlawful, tortuous, profane, vulgar, harassing, abusive, threatening, inflammatory, libelous, defamatory, fraudulent or similarly harmful or discourteous language in any e-mail or form entry created through this Site;
  • Will not scroll faster than others in chat rooms in a way that affects others' right of enjoyment of the Site; and
  • Will not access or attempt to access unauthorized areas of the Site, tamper with other users' postings, or unreasonably load or burden the Site's servers.

Members who violate these terms and conditions of use, at Oz Marine Australia sole discretion, may have their Member Account suspended or terminated, and may be prohibited from receiving Services thereafter.

Monitoring, Editing and Disclosure of User Material

You agree that Oz Marine Australia has the right, but not the obligation, to monitor all material on the Site at any time for any reason in its sole discretion to determine compliance with these terms and conditions of use and any other operating rules that Oz Marine Australia may establish from time to time. Notwithstanding this right of Oz Marine Australia, Oz Marine Australia does not and cannot review all materials posted to the Site by users, and Oz Marine Australia is not responsible for any such materials posted by users. Oz Marine Australia reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any material or information as may be necessary to comply with any law, regulation or government or agency request or if, in Oz Marine Australia sole discretion, such materials are objectionable or in violation of these terms and conditions of use. Oz Marine Australia does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Oz Marine Australia reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.

Indemnification

You shall indemnify, defend and hold harmless Oz Marine Australia, and all its officers, directors, owners, agents, employees, content providers, partners, affiliates, representatives, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site or receipt or use of the Services. Oz Marine Australia reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Oz Marine Australia.

Links to Other Web Site

The Site may contain links and pointers to other World Wide Web Internet sites, resources, and sponsors of the Site. Links to and from our Site do not constitute an endorsement by Oz Marine Australia or any of its subsidiaries, partners and affiliates of any third party resources or their services or contents. Links do not imply that Oz Marine Australia or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of Oz Marine Australia or any of its affiliates. Oz Marine Australia is not responsible for content on or services provided by other Web sites that are linked to or from the Oz Marine Australia site, including without limitation Oz Marine Australia partners' Web sites and services. You should direct any concerns regarding any external link to its Site administrator or Webmaster under the contact us section.

Disclaimer of Warranties and Damages; Limitation of Liability

The site, including all services, content, software, functions, materials and information made available on or accessed through the site, is provided to site visitors, members, and any other third party on an "as is" and "as available" basis without representations or warranties of any kind whatsoever express or implied, including without limitation, warranties of non-infringement, merchantability or fitness for a particular purpose. Neither Oz Marine Australia nor its content providers or partners warrant that the services, functions, features or content contained in the site will be uninterrupted or error free, that defects will be corrected, or that any site or server that makes it available is free of viruses or other harmful components; nor do they make any warranty or representation as to the accuracy, meaningfulness, or reliability of the site, content, materials, services, information or functions made accessible by the site, any products or services of or hypertext links to, third parties or for any breach of security associated with the transmission of sensitive information through the site or any linked site. Oz Marine Australia and its partners, subsidiaries and affiliates make no warranties and shall not be liable for the use of the site, including without limitation, the content and any errors contained therein under any direct or indirect circumstances, including but not limited to Oz Marine Australia negligence. If you are dissatisfied with the site, services or any materials on the site, your sole remedy is to discontinue using the site.

Under no circumstances shall Oz Marine Australia, its subsidiaries, partners, affiliates or content providers be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, the site and the content, materials, services and functions in the site, including without limitation loss of revenue or anticipated profits or lost business, even if such entities or an authorised representative thereof have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may apply to you.

Rights to materials

Any or all material and information provided by you to the Site, including without limitation the information contained in your Member Account, if any, may be included in a database owned by Oz Marine Australia and its subsidiaries, partners and affiliates in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site or Services to the fullest extent permitted by law.

Subject to your express instructions to keep certain information strictly confidential, by posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to or within the Site, you grant to Oz Marine Australia a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed, without any compensation to you. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights to any claim against Oz Marine Australia for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that Oz Marine Australia is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever.

No Responsibility for Transmitted Material

You acknowledge that transmissions to and from this Site may not be confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Oz Marine Australia or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and Oz Marine Australia or any Oz Marine Australia affiliate or subsidiary other than pursuant to these terms and conditions of use. Oz Marine Australia shall not be responsible for the payment of any monies to any party in connection with Oz Marine Australia use of Communications submitted by you to the Site.

No Resale / Exploitation

You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the site or services for any commercial purpose.

Termination

You understand and agree that Oz Marine Australia may, in its sole discretion and at any time, terminate your Member Account, if any, and discard and remove any content or information contained therein, for any reason. Oz Marine Australia may also, in its sole discretion and at any time, discontinue any Services, or limit or restrict any user's access to the Site or the Services, for any reason. You understand and agree that Oz Marine Australia may take any one or more of these actions without prior notice to you, but shall use commercially reasonable efforts to notify you of such termination. You understand and agree that Oz Marine Australia shall not have any liability to you or any other person for any termination of your Member Account or access to Services and/or the removal of such information. Members may terminate its Member Account at any time by sending a request of termination by e-mail to Oz Marine Australia using the contact us section.

General Provisions

These terms and conditions of use shall be governed by and construed in accordance with the laws of the Queensland. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and Oz Marine Australia with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either you or Oz Marine Australia of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Oz Marine Australia PRIVACY POLICY

Oz Marine Australia has created this privacy statement in order to demonstrate our firm commitment to our visitors' and participants' privacy. This Privacy Policy is a portion of, and is incorporated into, the Web Site Terms and Conditions of Use.

Non-Personal Information

During your visit to the Site, we may request non-personally identifiable demographic and profile data, though your provision of this information is optional. We may use this data to improve our Site and enhance your experience. For example, we may use this data to tailor your experience at our Site, show you content that we think you might be interested in, and display content according to your preferences. We may also share this information with others, such as advertisers interested in advertising on the Oz Marine Australia Site, in aggregate, anonymous form, which means that the information will not contain any personally identifiable information about you or any other person.

We may use your IP address to help diagnose problems with our server, and to administer our Site. Your IP address is used to help identify you for the duration of a session and to gather broad demographic information.

As you browse the Internet, a trail of electronic information is left at each Web site you visit. This information, which is sometimes called "clickstream" data, can be collected and stored by a Web site's server. Clickstream data can tell us the type of computer and browsing software you use, the address of the Web site from which you linked to the Oz Marine Australia Site, and in some instances, your e-mail address. We may use clickstream data to determine how much time visitors spend on each page of our Site and how they navigate throughout the Site. We will only use this information to improve the Oz Marine Australia Site.

Personal Information

When registering at our Site as a Member, you may be asked to provide certain personally identifiable information about yourself, such as your name, company name, job title, e-mail address and certain information about your business and preferences. You may also be given the option of providing additional personal information such as your URL, phone and fax number and mailing address.

We use personal information provided by Members to notify Members about opportunities, deliver Oz Marine Australia newsletters and otherwise communicate with Members about Oz Marine Australia and its products and services. Oz Marine Australia will not share any personal information of Members with any unaffiliated third parties, without your consent.

As part of your use of the Services, you are responsible for maintaining and updating, as applicable, your Member Account information with current, accurate and complete information. You may do this, using your password and user name, by visiting the customer service portion of the Oz Marine Australia Site at the my account section to make such changes.

Cookies

"Cookies" are pieces of information that are placed on an individual's computer hard drive to enable the individual to more easily communicate and interact with the Oz Marine Australia Site. Oz Marine Australia may use cookies to customize your Site experience, to make sure you don't see the same ad repeatedly, to deliver content specific to your interests, to save your password (in some cases) so you don't have to re-enter it each time you visit our Site, and for other purposes. However, you may disallow cookies through your Web browser and still visit our Site. Oz Marine Australia will never use cookies to retrieve information from a computer that is unrelated to the Oz Marine Australia Site or Services or your interaction with the Oz Marine Australia Site.

Security

We take seriously the security for all personal and non-personal information associated with our visitors and participants. However, due to the open communication nature of the Internet, we can not guarantee that communications between you and Oz Marine Australia, and Oz Marine Australia and you, will be free from unauthorized access by third parties.

Choice/Opt-Out

If we ever send you information by e-mail concerning new Oz Marine Australia products or services, we will provide you with an unsubscribe link at the base of the e-mail by which you may request no future e-mails and remove your e-mail address from our database.

Terms Of Sale

Engine exchange units must be free of cracks and in a re-conditionable state .
Engine exchange deposits are released 14 days after your exchange unit is received and accepted as a re-conditionable exchange unit.
Your VIN number and details are confirmed prior to delivery of your product, please allow up to 3 working days to be contacted if you have not already spoken to our pre-sales team.
You will be advised within 10 working days about the delivery status and the estimated shipping date.
Shipping can take up to 90 days if we do not hold your purchased product in stock and we need to obtain or import required parts.
Your shipping advice will be sent to your registered email address or can be viewed in the "My Account" section at anytime by clicking here.
You may make a formal complaint if:

  • The product is faulty due to faulty parts Oz Marine Australia has fitted or poor workmanship.
  • The purchase or transaction date is no more than 7 days from the date the order was received.
  • You have allowed All Engines no less than 60 working days to rectify and or replace any fault you may have.
  • All Engines reserves the right to determine if the product is faulty due to parts and labour by an independent technician.
  • Does not conflict with the following disclaimers items or points written below in the title Warranty and Order Disclaimer.
  • WARRANTY AND ORDER DISCLAIMER:
    Oz Marine Australia shall not be responsible for damage to other parts or units not supplied by Oz Marine Australia.
    Such parts include but are not limited to transmissions, clutch, pressure plate, engine heaters, oil pans, etc. No
    responsibility will be assumed and no warranty is given or implied on any engine damaged by improper installation or
    damaged by failure of any parts not supplied by All Engines Australia. Any engine modified beyond original factory
    specifications by Oz Marine Australia at the customer’s request, or by the customer, shall relieve All Engines
    Australia of any responsibility or warranty.
  • ALL ENGINES AUSTRALIA WILL NOT BE RESPONSIBLE
    OR LIABLE FOR ANY OF THE FOLLOWING:
    1. Loss of time.
    2. Loss of income.
    3. Loss of revenue this includes workshop storage fees.
    4. Loss of transportation or vehicle rental.
    5. Equipment rental.
    6. Towing Charges
    7. Crankshaft thrust damage with heat on the trans
    side only
    8. Diagnostic time, fluid, filters or shop supplies after
    ninety (90) days of installation.
    9. Damage due to oil starvation for any reason.
    10. Piston skirt scuffing.
    11. Overheating, removing or melting of heat tab.
    12. Detonation, pre-ignition of pistons (melted or
    broken).
    13. Head gaskets with burnt or crushed steel fire ring
    14. Abnormal wear form contaminated oil or fuel wash
    15. Installation of long block installed in non O.E.M
    applications voids the warranty.
    16. Delayed delivery or shipping.
    17. Damage caused by the shipping provider if you declined shipping insurance.
    18. Marina or Marine workshop storage fees.
    NO OTHER WARRANTY IS EXPRESSED OR IMPLIED. A 15% RESTOCKING FEE APPLIES TO ALL RETURNS.
Formal complaints can be made in writing to:
The Trustee for the Oz Marine Australia Trust
PO Box 210,
Chevron Island
Queensland 4217
Australia.

We use SSL 128 bit encryption for our online secure transactions.
For our detailed terms of use refer to our terms section located on our site.

Your Acceptance of this Policy

By visiting this Site or receiving our services and or products offered, you signify your assent to our then-current privacy policy and terms of sale. If you do not agree to this policy, please do not use our site, products and or services. Oz Marine Australia reserves the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. Your continued use of our Site following the posting of changes to these terms means you accept these changes.
 

Oz Marine Australia Legal Team