Should you have specific requirements, you must place a written order setting out full details of all of your requirements, in writing. Tranquil Marine Services will not be responsible for any mistakes that may be attributable to insufficient or lack of written details. You will be required to pay for such goods ordered by mistake.
Orders shall not be varied unless the variation is in writing, signed by you and Tranquil Marine Services. Variations to designs / installation / services / features or other any other aspect after a design or goods or services is approved by you shall be charged to you at our hourly rate, in addition to anyand all loss, damage, costs and expenses incurred or suffered by Tranquil Marine Services (including but not limited to re-ordering, re-supply, re-stocking) as a result of the variation or the work incurred to make the variation. Where possible we will supply an estimate of the time required and hourly rate for the variation, which should be used as forecast only. The actual time the task takes to complete may vary from the estimate. The amount of time you will be billed will be based upon the actual time the task took. By requesting a variation after approving a design or goods or services, you agree to these additional charges and agree to pay them in full. We may waive or charge these fees at our option. Waiving a fee on one or more occasions does not mean we will waive these fees on all occasions and we reserve the right to charge these fees solely at our discretion.
Third party websites, advertising and activities
We may feature or display links and pointers to websites operated by third parties on the Tranquil Marine Services Website(s), emails or sms. Such websites do not form part of the Tranquil Marine Services Website(s) and are not under our control. We do not accept any responsibility in connection with any such website. If you follow a link to any such websites, you leave the Tranquil Marine Services Website(s) entirely at your own risk.
The Tranquil Marine Services Website(s) may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
If you contact a third party using functionality provided on the Tranquil Marine Services Website(s), including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.
From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party.
You must not:
(a) use the Tranquil Marine Services Website(s) in breach of any applicable laws or regulations;
(b) use the Tranquil Marine Services Website(s) (or Material obtained from the Tranquil Marine Services Website(s)):
* to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, "spimming," or "spamming";
* to impersonate any person or entity;
* to solicit money, passwords or personal information from any person;
* to harm, abuse, harass, stalk, threaten or otherwise offend others; or
* for any unlawful purpose;
(c) use the Tranquil Marine Services Website(s) to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:
* is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
* contains, promotes, or provides information about unlawful activities or conduct;
* is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
* exploits another person in any manner;
* contains nudity, excessive violence, or sexual acts or references;
* includes an image or personal information of another person or persons unless you have their consent;
* poses or creates a privacy or security risk to any person;
* you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
* contains large amounts of untargeted, unwanted or repetitive content;
* contains restricted or password only access pages, or hidden content;
* contains viruses, or other computer codes, files or programs designed to interrupt, capture information, limit or destroy the functionality of other computer software or hardware;
* advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
* contains financial, legal, medical or other professional advice;
(d) interfere with, disrupt, or create an undue burden on the Tranquil Marine Services Website(s);
(e) in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Tranquil Marine Services Website(s);
(f) use the Tranquil Marine Services Website(s) with the assistance of any automated scripting tool or software;
(g) frame or mirror any part of the Tranquil Marine Services Website(s) without our prior written authorisation;
(h) use code or other devices containing any reference to Tranquil Marine Services Website(s) to direct other persons to any other web page;
(i) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Tranquil Marine Services Website(s) or cause any other person to do so; or
(j) delete any attributions or legal or proprietary notices on the Tranquil Marine Services Website(s).
By uploading, transmitting, posting or otherwise making available any Material via the Tranquil Marine Services Website(s), you:
(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
(b) except where expressly stated otherwise, also grant each user of the Tranquil Marine Services Website(s) a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Conditions;
(c) warrant that you have the right to grant the abovementioned licences;
(d) warrant that the Material does not breach the Conditions; and
(e) unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.
We reserve the right (but have no obligation) to:
* review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and
* monitor use of the Tranquil Marine Services Website(s), and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.
We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Tranquil Marine Services Website(s) by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Tranquil Marine Services Website(s) simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.
You use Tranquil Marines Services at your sole risk.
Except where expressly stated otherwise, Material on the Tranquil Marine Services is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
We do not make any representation or warranty that any Material on the Tranquil Marine Services Website(s) will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.
We will not be liable for loss resulting from any action or decision by you in reliance on the Material on the Tranquil Marine Services Website(s), nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with Tranquil Marine Services in any circumstance.
Limitation of liability
You use Tranquil Marine Services at your sole risk.
To the extent permitted by law, we exclude all conditions and warranties relating to your use of Tranquil Marine Services that are not expressly set out in the Conditions.
To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to:
(a) in the case of services supplied or offered by us:
* (i) the re-supply of those services after full payment has cleared; or
* (ii) the continuation of those services after full payment has cleared
(b) in the case of goods supplied or offered by us:
* (i) the replacement of the goods or the supply of equivalent goods by us;
* (ii) the repair of the goods by an authorised party determined by us;
In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by us via Tranquil Marine Services, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.
In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with Tranquil Marine Services.
You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to, goods and services and Materials supplied by you or conduct in connection with Tranquil Marine Services, including any breach by you of the Conditions.
If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.
No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.
These Conditions shall be construed in accordance with and governed by the laws of Queensland, Australia. You consent to the exclusive jurisdiction of the courts in Queensland Courts to determine any matter or dispute which arises under the Conditions.
We may change all or part of the Conditions at any time. If we do, the new Conditions will be posted on the Tranquil Marine Services Website(s). Your subsequent or continued use of the Tranquil Marine Services Website(s) will constitute your acceptance of any changes. If you object to any changes to the Conditions, your only remedy is to immediately discontinue your use of the Tranquil Marine Services.
"Tranquil Marine Services" and "Tranquil Marine Services Website(s)" means Tranquil Marine Services the business and all of the websites and online profiles and accounts that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device) . For a list of the websites that currently form part of Tranquil Marine Services, visit www.tranquilmarine.com.au.
"Material" means text, databases, spreadsheets, presentations, illustrations, photos, audio, video, any combination of these or other material.
"Us", "me", "I", "we" or "our" means Tranquil Marine Services (ABN 45 037 974 436) and/or its related businesses and entities.
"You", "Customer", "client" refers to you.
"Livestock" includes fish, coral, invertibrates or other living organisms.
"Standard Aquarium" means any aquarium purchased at the size specified on Tranquil Marine Services Website(s).
"Custom Aquarium" means any variation to a Standard Aquarium or aquarium made to specifcation or custom size.