Terms and Conditions 

Thank you for your interest in AirBuddy and welcome to our website. This website is operated by OXY Pty Ltd (ABN 63 603 064 035), trading as AirBuddy. By using our website, you signify your acceptance of these terms and conditions of use, which together with our privacy policy and disclaimer, govern our relationship with you in relation to your use of this website, and/or our products and services that are provided through this website. Please read these terms and conditions (“terms”) carefully. If you do not agree with the terms, you must cease using the website, and any of its services, immediately. For the purposes of these terms and conditions, “us”, “our” and “we” refers to OXY Pty Ltd, AirBuddy and “you” and “your” refers to you, the client, visitor, website user or person using our website.

Amendment of Terms

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website, and/or our products and services that are provided through this website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and our rights and obligations to each other.

Limitation of Liability

It is an essential pre-condition to you using our website, services or products that you agree and accept that OXY Pty Ltd, AirBuddy is not legally responsible for any loss or damage you might suffer related to your use of the website, services or products whether from errors or from omissions in our documents or information, any products or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. This website is provided without warranties, guarantees or any representations. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

General Conditions

You must be over 18 years of age to use this website and to purchase any products or services. We have the right to refuse provision of information, service or sale of product to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the product or service, use of the service, or access to our service or any contact on the website through which the service is provided, without express written permission by us.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the products. The cost of our products and services, as well as the foreign exchange rates may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the products which you ordered have been dispatched to you. Only those products listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability

Whilst we try to ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the “total costs” at checkout.

(c) Payment

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the products you wish to purchase. Once the products have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of products you have purchased as listed in the confirmation email.

(d) Processing Time and Delivery of Products

Our products are manufactured in small batches and finished/ packed according to your to order. The processing times may vary. The actual processing times will be informed through our website or by email prior the receipt of full payment. Physical products may be delivered by shipping companies, such as DHL, FedEx, CouriersPlease, Australia Post and/or other reputable courier companies. Delivery times depend on the delivery option and delivery location. Any stated delivery dates are approximate. OXY Pty Ltd, AirBuddy is not to be held liable for any losses, damages, penalties, or expenses for failure to meet any delivery date. Damaged or lost orders should be resolved with the courier company directly and we are not responsible for products that are damaged in transit or not received. Shipping companies usually limit their liability according to the Warsaw or Montreal Conventions and provide limited compensation in case of a damaged, lost or stolen parcel. If you require a greater protection, please contact us at info@airbuddy.com before the purchase to arrange a shipping insurance.

Digital products are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital products. Should you have any technical problems downloading any of our products, please contact us so we may try to assist you.

(e) Returns and Refunds

OXY Pty Ltd, AirBuddy handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Orders which have not yet been shipped can usually be cancelled without any penalties, except for costs incurred by third parties, such as payment fees and potential loss arising from currency exchange. Please contact us for instructions and details.

Received orders which are unopened, in its original, undamaged packaging and sealed may be returned for a refund or store credit less a 20% restocking fee, shipping costs, customs fees, duty or tax on import into Australia (if any), any costs incurred by third parties such as payment fees and potential loss arising from currency exchange. You must contact us by email within 30 days from order delivery and request return authorisation.

Used products, damaged products, products on sale, discontinued products or products delivered more than 30 days ago will NOT be accepted for return and refunded.

All returns must be properly packed in their original packaging and marked “RETURNED GOODS”. Return shipping must by organised and paid by the customer. If the return shipment contains battery(-ies), it must be shipped by appropriate service, packed, labelled and declared in accordance with the regulations for shipment of fully-regulated Dangerous Goods. We encourage you to use a courier service with tracking number and insure the parcel. We do not take any liability for loss or damage of the products during the transport.

Once we receive and inspect the return shipment, we will notify you of the inspection outcome by email. If your return is approved, we will process a refund to your credit card or the original method of payment. If your return is rejected, you must collect the item within 30 days or we may dispose of it.

Legal Liability Waiver & Assumption of Risk

OXY Pty Ltd, AirBuddy supplies products which are exciting, but inherently risky to use. AirBuddy is a Surface Supplied Breathing Apparatus (SSBA) for recreational diving, also known as hookah diving. Similar to other forms of diving with compressed air, diving with AirBuddy involves various risks that may result in serious injury, illness or death. Dive training is required prior to use of AirBuddy. You must learn about the implications of breathing compressed air, important safety rules and emergency procedures, as well as practical skills, such as how to breathe correctly, clear your mask from water, equalise your ears, weigh yourself, communicate underwater with hand signals, etc. Diving is inherently dangerous. Each AirBuddy user must understand and accept the risks involved before participating in diving. You are responsible for your own actions and decisions.

By purchasing and or using our products you release OXY Pty Ltd, AirBuddy from all liability to the extent permitted by law. You must ensure that AirBuddy and/or other products provided by OXY Pty Ltd, AirBuddy are used in the manner in which they were designed and manufactured for. You must always follow the manufacturer’s instructions for proper use. You must not modify or tamper with AirBuddy or any other products provided by OXY Pty Ltd, AirBuddy.

You acknowledge that you and third parties could sustain death, permanent and serious disability, injury, illness, loss, damage, liability, cost or expense directly or indirectly caused by, contributed to by, resulting from or arising out of or in connection with the use (or misuse) of AirBuddy or any other products provided by OXY Pty Ltd, AirBuddy or a breach of these terms.

All warranties whether express, implied, statutory or otherwise, relating in any way to the AirBuddy or any other products provided by OXY Pty Ltd, AirBuddy, are excluded. Where OXY Pty Ltd, AirBuddy is not legally permitted to exclude, limit, or modify a warranty (including the Australian Consumer Law guarantees), then that warranty or guarantee is not excluded, limited, or modified to the extent that OXY Pty Ltd, AirBuddy is not legally permitted to do so.

Where AirBuddy or any other products provided by OXY Pty Ltd, AirBuddy is supplied to a consumer and that product is not of a kind ordinarily acquired for personal, domestic, or household use or consumption, the liability of OXY Pty Ltd, AirBuddy for any breach of such term shall be limited, at the option of OXY Pty Ltd, AirBuddy (in its absolute discretion) to any one or more of the following: if the breach related to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and if the breach relates to services the supplying of the services again; or the payment of the cost of having the services supplied again.

Product warranties issued voluntarily by OXY Pty Ltd, AirBuddy are not transferable to second owners, unless agreed in writing with OXY Pty Ltd, AirBuddy prior to the second-hand sale.

To the extent permitted by law, OXY Pty Ltd, AirBuddy shall not be under any liability (contractual, tortious or otherwise) to you in respect of any consequential loss or damage (including loss of revenues, loss of reputation, loss of profits, loss of actual or anticipated savings, loss of bargain, lost opportunities (including loss of the benefit of a contract) and loss or damage in connection with claims against you by third parties) howsoever caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the use of AirBuddy or any other products provided by OXY Pty Ltd, AirBuddy or an act, failure or omission of OXY Pty Ltd, AirBuddy or any third party.

Without limiting any other provision in these terms, but only to the extent permitted by law, OXY Pty Ltd, AirBuddy’s maximum liability to you for any claim howsoever arising in connection with any OXY Pty Ltd, AirBuddy’s product, whether based on contract, tort (including negligence), statute, equity or any other cause, is limited to the price of the OXY Pty Ltd, AirBuddy’s product to which the claim relates.

AirBuddy is not a toy, but high-performance machine and should not be used or operated in any way by people under the age of 16 years old. Only skilled, properly trained and experienced divers are allowed to use AirBuddy.

To the extent we are legally permitted to impose liability on you, you are liable for, and indemnity OXY Pty Ltd, AirBuddy from and against, all loss or damage (including legal costs) suffered or incurred by OXY Pty Ltd, AirBuddy however caused in connection with:

• your use of AirBuddy or any other products provided by OXY Pty Ltd, AirBuddy;
• personal injury or death of any person (including you or any third party) in connection with use AirBuddy or any other products provided by OXY Pty Ltd, AirBuddy;
• breach of any laws, regulations or standards by you arising from your purchase, use or possession of AirBuddy or any other products provided by OXY Pty Ltd, AirBuddy;
• damage to property in connection with the storage or use of AirBuddy or any other products provided by OXY Pty Ltd, AirBuddy; or
• any act or omission (negligent or otherwise) of you.

You must only use AirBuddy or any other products provided by OXY Pty Ltd, AirBuddy in accordance with all applicable laws, regulations and standards in the jurisdiction in which you operate the product(s).

OXY Pty Ltd, AirBuddy sells specialised diving products that need specialised repairers. We reserve the right to inspect faulty products, which could mean sending your product overseas for inspection.

Modifications to the Products, Service and Prices

Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue any products or services without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any products or services.

We have the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. If we make a change to or cancel an order, we might contact you by e-mail and or any other contact information provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Competition and Consumer Act

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), OXY Pty Ltd, AirBuddy’s liability for any breach of a term of this agreement is limited to: the supplying of the products or services to you again; the replacement of the products; or the payment of the cost of having the products or services supplied to you again.

Access to the Website

We will do our utmost to ensure uninterrupted availability of the website and that transmissions will be without errors. However, due to the nature of the internet, this cannot be guaranteed. It is your responsibility to evaluate the information and content provided on the website. Your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

Links to other Websites

OXY Pty Ltd, AirBuddy may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between OXY Pty Ltd, AirBuddy and the owners of those websites. OXY Pty Ltd, AirBuddy takes no responsibility for any of the content found on the linked websites.

Our website may contain information or advertisements provided by third parties for which OXY Pty Ltd, AirBuddy accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a “recommendation” only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

Sending us Information

We are happy to receive from you any ideas, suggestions, graphics, mixes, pictures or anything else, but do please remember that, by sending us your submission (the “material”) you will be deemed to have granted to OXY Pty Ltd, AirBuddy (and any of its subsidiaries or associated companies) a perpetual, royalty-free, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in the material.

Other than personally identifiable information, which is covered under our privacy policy, any material you transmit or post to the website shall be considered non-confidential and non-proprietary. By submitting your material to this site, you also warrant that:

• you have the right to make the material available to us;
• the material is not defamatory;
• the material does not infringe any law or rights or interests of any third party in any country of the world, in particular that the material does not, plagiarise, or infringe on the rights of third parties including copyright, trade mark, trade secret, privacy, personal, publicity, or proprietary rights.

You agree to indemnify OXY Pty Ltd, AirBuddy against all legal fees, damages and other expenses that may be incurred by OXY Pty Ltd, AirBuddy as a result of your breach of the above warranty. You also agree to waive any moral rights in the material for the purposes of its submission to and publication on the website and the other purposes specified above. This means that all stories, mixes, comments, suggestions, ideas, graphics or other information sent to us can be used by us as we see fit. This includes using it for promotional, marketing or any other commercial purpose, whether in advertising, or in developing, manufacturing or marketing products. Under no circumstances are you entitled to any payment if we use your material for any purpose. So remember don’t send us your material if you don’t want us to use it or the world to know it.

Disclaimer

To the fullest extent permitted by law, OXY Pty Ltd, AirBuddy absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. OXY Pty Ltd, AirBuddy gives no warranty that the documents, products or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of OXY Pty Ltd, AirBuddy to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

Your Privacy

At OXY Pty Ltd, AirBuddy, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. OXY Pty Ltd, AirBuddy respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. OXY Pty Ltd, AirBuddy’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data OXY Pty Ltd, AirBuddy collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

Third Parties

OXY Pty Ltd, AirBuddy does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website, products and services, but not for any other use. We have no obligation to inform you that your personal information has been shared.

Disclose your Information

OXY Pty Ltd, AirBuddy may be required, in certain circumstances, to disclose information in good faith and where OXY Pty Ltd, AirBuddy is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

Exclusion of Competitors

If you are in the business of creating similar products, services or documents for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of OXY Pty Ltd, AirBuddy. OXY Pty Ltd, AirBuddy expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then OXY Pty Ltd, AirBuddy will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. OXY Pty Ltd, AirBuddy reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

Copyright, Trademark and Restrictions of Use

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, images, information, software or other materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the documents, images, information, software or other materials that may be available for download from time to time on this website.

OXY Pty Ltd, AirBuddy expressly reserves all copyright and trademark in all documents, images, information, software or other materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Whole Agreement

These terms and conditions represent the whole agreement between you and OXY Pty Ltd, AirBuddy concerning your use and access to our website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

Exclusion of Unenforceable Terms

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

Jurisdiction

These terms and conditions shall be governed by and construed according to the law of New South Wales, Australia. If there is a dispute between you and OXY Pty Ltd, AirBuddy that results in litigation then you must submit to the jurisdiction of the courts of NSW.

No Class Actions

You and OXY Pty Ltd agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Language

The original text is written in English. Any misinterpreted information translated in other languages will not be the held against OXY Pty Ltd.

Contact Information

Questions about the terms should be sent to us at info@airbuddy.com.