Terms and Conditions

Please take some time to read the following conditions applicable to purchasing products through this website.

The following terms and conditions, privacy policy, shipping, payment, returns, security found in our  customer service policies (‘Customer Policies’) and the website terms and conditions govern your purchases through Deep Below and constitute the entire agreement between the contracting parties (‘Agreement’). By placing an order, you agree to be bound by the Agreement as amended from time to time.

If you are uncertain about any of the terms of the Agreement, please contact us before the completion of any purchase.

Review of terms
The Agreement is subject to change from time to time without notice. Past terms and conditions and Customer Policies can be accessed on request by written notice to Deep Below. Each order or transaction will be governed by the Agreement in force upon the date of that transaction.

Your continued use of the site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the site. For this reason, you should frequently review these terms and conditions and any other applicable Customer Policies, including their dates, to understand the Agreement that applies to your purchases through the site.

Occasionally there may be information on the site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Deep Below reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).

Shipping
Deep Below can only ship to a limited number of countries, as listed on our Shipping page. Deep Below is not responsible for customs charges and restrictions that vary from country to country and result from the importation or certain products. The purchaser remains responsible for all charges and fees incurred.

Prices and payment
All prices listed on the site are in Australian dollars and are inclusive of any Australian Goods and Services Tax (as applicable).

The prices indicated may be changed at any time without advance notice. However, the products shall be charged at the rate in force when the customer’s order was validated.

Where the customer pays by payment card, the customer warrants that they have the necessary rights to use the payment card and that they are fully authorised to use it to pay for the order.  The customer also warrants that this card gives access to sufficient funds corresponding to the amount of the order.  Failing this, Deep Below reserves the right to cancel the sale according. Deep Below is under no obligation to ship any goods ordered until payment for those goods has been received.

Pre-authorisation
When you make a purchase on the site by credit card, Deep Below may conduct a pre-authorisation on your credit or debit card for a portion of the purchase price. Once the pre-authorisation is processed, we will then instruct your financial institution to cancel the pre-authorisation. Please note that no funds are taken from your account at pre-authorisation but a temporary ‘hold’ is placed on them. Once we have cancelled the pre-authorisation, it may take up to seven (7) days for your financial institution to release the funds before you are able to access them.

Use of products
Upon purchase of products, the buyer agrees to use the products only for their intended purpose and strictly in accordance with their instructions, precautions and guidelines. Any other use will cause the buyer to assume full responsibility for any loss or damage arising out of their use.

Limitation of liability
To the full extent permitted by law, Deep Below makes no representations or warranties, express or implied, regarding any matter including merchantability, fitness for a particular purpose or use in relation to any product supplied by Deep Below. This Agreement will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any products pursuant to these terms of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or the provisions of any other statute, act or law of any State or Territory of the Commonwealth of Australia, or any other applicable territory, which by law cannot be excluded, restricted or modified.

Conclusion of transaction
The agreement for sale is concluded only when goods are handled over to the designated carrier.

Credit card storage
The site includes a credit card storage function, which will store your credit card details through a secure external storage service. As such your credit card details are not stored on or through the Deep Below site, and there is no way for these details to be retrieved by us or our staff. However, if you are at all concerned with the potential security of this secure storage process we recommend that you not use this feature.

Applicable law and jurisdiction
Deep Below is created and controlled in New South Wales, Australia. All purchases are subject to the laws of the Commonwealth of Australia, and where applicable the state of New South Wales. By purchasing products through this site you submit to the jurisdiction of the courts of New South Wales, Australia and Australia and agree that any legal action will only be commenced in these forums.

General
‍If any provision of these terms and 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 these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and Deep Below's failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.

General unique promo code terms
‍To redeem promo codes, the code must be applied at the cart or checkout stage of your order. Promo codes cannot be added to completed orders and no refund or bonus products will be offered if promo code was not applied correctly. Promo codes cannot be used in conjunction with any other promo discount code or for the purchase of gift cards. Promo codes are redeemable one time per customer only. Deep Below reserves the right to amend or withdraw any promo code offers and these terms and conditions at any time.

Website terms and conditions
Please take some time to read the following conditions applicable to the use and enjoyment of the site. The following terms and conditions govern the use of Deep Below and constitute the entire agreement between the contracting parties. By browsing the site or by signing up as a member, you agree to be bound by the conditions listed below as amended from time to time. Deep Below loves interacting with you via Facebook and Instagram. These terms and conditions govern how Deep Belowwill interact with you on social media sites.  

Review of terms
These terms and conditions are subject to change from time to time without notice. Past terms and conditions can be accessed on request by written notice to Deep Below. Use of the site will be governed by the terms and conditions in force upon the date of that transaction. Your continued use of the site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the site. For this reason, you should frequently review these terms and conditions and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the site. Occasionally there may be information on the site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Deep Below reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).

Intellectual property
All content on this site, including without limitation text, icons and graphics are the property of Deep Below or its suppliers and are protected by Australian and International intellectual property laws. No part or portion of this site may be copied, sold or used in any manner for any commercial purpose without written consent. Nothing in these terms and conditions constitutes a transfer any intellectual property rights.

Reviews and comments
Throughout the use of the site users may be invited to review certain products, or request information in relation to products or participate in forums (‘Content’). If you do submit such Content, you give Deep Below permission to use, reproduce (in any medium), modify and publish that content in a worldwide, royalty-free, irrevocable manner. This license will survive the termination of these terms and conditions and your use of the site. You also permit Deep Below to publish your first name and State or Town in association with any Content provided by you. By submitting Content, you represent and warrant that:(a) you understand that you are participating in a public forum and that your Content will be available to all other users of the site; (b) you are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorise Deep below to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the site and these terms and conditions; (c) you waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the Content; (d) all Content that you post is accurate; (e) You are at least 18 years old or, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the site and agree to these terms and conditions; and (e) that the Content you supply does not violate these terms and conditions and will not cause injury to any person or entity. You also represent and warrant that any Content you submit: (a) is not false, inaccurate or misleading; (b) does not harm minors; (c) does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity; (d) does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (f) is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual or any business; (g) does not include any information that references other websites, addresses, email addresses, contact information or phone numbers; (h) is not submitted for compensation or other consideration from any third party; (i) is not unsolicited or unauthorised advertising, promotional materials or any other form of solicitation; and (j) does not contain any computer viruses, worms or other potentially damaging computer programs or files. Users must not post Content which seeks to impersonate any person or entity, including, without limitation, any Deep Below personnel, or to falsely state or otherwise misrepresent its affiliation with a person or entity. Users may not use the site to collect or store personal data about other users. Deep Below reserves the right to not post a review or to withdraw a posted review for any reason. A review posted by a user will be excluded if it violates the Agreement regarding submission of Content.

Social media
Our general policy is not to delete your comments on Deep Below's social media pages, even if they are very critical of us, but there are a few reasons we may take down your posts. These are: (a) if your post may offend anyone; (b) if your post attacks another contributor or Deep Below personnel; (c) if you flood our feed, making it difficult for others to get a word in; (d) if you post information that may endanger your privacy; (e) if your post is off topic While we support lively, open discussion, we reserve the right to block any users who don't comply with our rules, or who are otherwise deemed to be behaving inappropriately.

Limitation of liability
You agree that, to the fullest extent permitted by law, Deep Below will not be reasonable or liable (whether in contract, tort (including negligence) orothe wise), under any circumstances, for any (a) interruption of business; (b)access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction or other modifications; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (e) any inaccuracies or omissions in Content, or (f) events beyond our reasonable control. You agree to defend, indemnify and hold harmless Deep Below (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of: (a) your use of and access to the site; (b) your violation of any term of these terms and conditions; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these terms and conditions and your misuse of the site. Further, to the fullest extent permitted by law, we will not be liable for any indirect or consequential loss of any kind or loss of profits, revenue, loss of data, loss of goodwill, arising out of or related to the site or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).
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Breach and termination
If in Deep Below’s reasonable opinion, you have breached any provision of this agreement Deep Below may immediately issue a warning or temporarily suspend or permanently prevent your access to all or parts of the site. In any event, we may terminate this agreement (and your rights to use the site) at any time and for any reason without prior notice to you.
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Competitions
Deep Below may run competitions through its site, or through social media. Your participation in those competitions will be subject to these terms and conditions and any terms and conditions of the competition. The laws of New South Wales will govern all competitions run by Deep Below.

Links to other sites
Deep Below maintains links to other websites but makes no representations as to the accuracy of the material therein, and is not responsible for the content and conduct of these sites. Further, where users or Deep Below personnel link other websites on our site or on our social media pages does not mean that Deep Below endorses them or takes any responsibility for the accuracy of the content on those sites.

Interference with the site
You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this site or any material or content displayed on the site.