TERMS AND CONDITIONS OF USE
CRITICAL SAFETY AND LIABILITY WARNING – READ FIRST
Solar Observation Safety – RISK OF PERMANENT BLINDNESS
By purchasing or using our products, you explicitly acknowledge and accept that:
– Solar observation carries inherent risks of immediate, permanent blindness
– Invisible wavelengths can cause instant, irreversible eye damage
– NEVER point any optical equipment at the sun
– Children must NEVER have unsupervised access to equipment
– Only use certified solar filters properly attached to the front of telescopes
– Eyepiece solar filters are prohibited and illegal in Australia
– We accept no liability for any solar observation attempts
– You assume all risks associated with solar observation
Equipment Safety and Liability
You explicitly acknowledge that:
– Equipment may be heavy and require two-person handling
– You will follow all provided safety instructions
– These are NOT TOYS – strict adult supervision required
– You assume all risks of improper handling or storage
– We are not liable for misuse or improper handling
Table of Contents
1. Introduction and Definitions
2. Legal Framework and Consumer Rights
3. Copyright and Intellectual Property
4. Product Purchase Terms
5. International Orders
6. Website Use and Security
7. Liability and Indemnification
8. Additional Policies
9. Dispute Resolution
10. Shipping and Returns
11. Product Specific Terms
12. Contact Information
13. Updates and Changes
1. INTRODUCTION AND DEFINITIONS
1.1 About These Terms
This website is operated by Astro Dog (ABN: [Your ABN]) (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your use of astrodog.com.au (“website”) and all purchases. By using our website or making a purchase, you enter into a legally binding agreement subject to these Terms.
2. LEGAL FRAMEWORK AND CONSUMER RIGHTS
2.1 Australian Consumer Law (ACL)
While you have rights under the Australian Consumer Law that cannot be excluded:
a) To the maximum extent permitted by law, our liability is limited to:
– Repair or replacement of goods
– Cost of resupplying services
– Refund of purchase price
b) We exclude all other liability including:
– Consequential losses
– Lost profits or opportunities
– Third-party claims
– Data loss
c) These limitations don’t affect your ACL guarantees
2.2 Governing Law and Jurisdiction
a) Queensland law governs these Terms
b) You irrevocably submit to Queensland courts’ exclusive jurisdiction
c) You waive any objection to this jurisdiction
d) Class actions are waived where permitted by law
3. PRODUCT PURCHASE AND USE LIMITATIONS
3.1 Intended Use
Products are designed solely for astronomical observation and photography. Any other use:
a) Voids all warranties
b) Releases us from all liability
c) May be dangerous
d) Is entirely at user’s risk
3.2 Our Discretionary Powers
We retain sole and absolute discretion to:
a) Determine product condition
b) Define misuse
c) Accept or refuse returns
d) Assess warranty claims
e) Modify or cancel orders
f) Determine appropriate remedies
Our decisions are final and binding.
3.3 Order Process
a) Orders constitute an offer to purchase
b) We reserve the right to:
– Refuse any order
– Cancel orders due to pricing errors
– Modify order terms
– Require additional verification
c) Contract forms only upon dispatch
4. PRODUCT INFORMATION AND ORDERING
4.1 Product Information Disclaimer
a) All information provided is:
– General in nature
– Not professional advice
– Subject to change without notice
– Based on manufacturer specifications
b) We do not guarantee:
– Accuracy of specifications
– Compatibility with other equipment
– Suitability for specific purposes
– Performance levels
c) You acknowledge that:
– Technical specifications may vary
– Visual representations are indicative only
– Performance depends on user expertise
4.2 Software and Compatibility
You are solely responsible for:
a) Software compatibility
b) Hardware compatibility
c) System requirements
d) Updates/upgrades
e) Technical knowledge required
f) Integration with existing equipment
4.3 Stock and Availability
a) Stock levels are indicative only
b) For backorders/pre-orders:
– Delivery dates are estimates only
– Prices subject to change
– Deposits non-refundable
– Cancellation fees apply
– Processing fees retained
c) We reserve the right to:
– Cancel orders if stock unavailable
– Substitute comparable products
– Modify delivery timeframes
4.4 Payment Terms
a) Payment must be made in full before dispatch
b) We accept:
– eWay
– Stripe
– Afterpay
– PayPal
– Direct deposit
c) For direct deposits:
– Must complete within 2 working days
– Use reference provided
– Goods not released until cleared
d) We reserve the right to:
– Cancel orders for payment issues
– Require additional verification
– Modify payment terms
5. INTERNATIONAL ORDERS AND LIABILITY
5.1 International Transactions
By placing an international order, you accept:
a) Final sale status (no returns except major faults)
b) Full responsibility for:
– Import duties/taxes
– Customs clearance
– Local law compliance
– Additional carrier charges
c) No liability for:
– Customs delays/seizures
– Import restrictions
– Local certification requirements
– Delivery timeframes
5.2 International Returns
For faulty products:
a) Must notify within 48 hours with photo evidence
b) Customer bears all:
– Return shipping costs
– Customs charges
– Insurance costs
c) No refunds for:
– Original shipping
– Import duties/taxes
– Processing fees
– Currency exchange losses
6. WARRANTY AND TECHNICAL SUPPORT
6.1 Warranty Limitations
Our warranty:
a) Applies only to manufacturing defects
b) Excludes:
– User error
– Environmental damage
– Unauthorized modifications
– Normal wear and tear
– Cosmetic issues
c) Voids immediately if:
– Product misused
– Unauthorized repairs attempted
– Serial numbers altered
– Safety instructions not followed
6.2 Technical Support
a) Provided at our discretion
b) May require:
– Proof of purchase
– Photo/video evidence
– Remote diagnostics
– Third-party assessment
c) We reserve right to:
– Limit support scope
– Charge for extended support
– Refuse support requests
– Terminate support sessions
7. LIABILITY AND INDEMNIFICATION
7.1 Limitation of Liability
To the maximum extent permitted by law:
a) Our total liability is limited to:
– Purchase price of affected product
– Cost of repair/replacement
– Resupply of services
b) We expressly exclude liability for:
– Consequential losses
– Business interruption
– Lost profits/opportunities
– Data loss/corruption
– Third-party claims
– Personal injury from misuse
– Property damage
c) Time limit for claims:
– 30 days from incident
– 48 hours for shipping damage
– 7 days for obvious defects
7.2 Indemnification
You agree to indemnify and hold harmless Astro Dog, its owners, employees, and agents from:
a) Any breach of these Terms
b) Improper product use
c) Negligent acts/omissions
d) Law violations
e) Third-party claims
f) Legal costs/expenses
8. DISPUTE RESOLUTION AND REMEDIES
8.1 Mandatory Process
Before legal action:
a) Written notice required detailing issue
b) 30-day resolution period
c) Mandatory mediation in Queensland
d) Equal share of mediation costs
8.2 Legal Proceedings
If legal action proceeds:
a) Queensland courts exclusive jurisdiction
b) You pay our reasonable legal costs if:
– You breach these Terms
– Your claim is unsuccessful
– You reject reasonable settlement
c) Class actions waived where permitted
9. WEBSITE USE AND SECURITY
9.1 Website Access
We reserve the right to:
a) Modify/terminate website access
b) Change functionality without notice
c) Block IP addresses/users
d) Remove content
e) Monitor usage patterns
f) Report suspicious activity
9.2 Security Requirements
You must maintain:
a) Updated devices/software
b) Current security measures
c) Secure connections
We accept no liability for:
– Compromised accounts
– Unauthorized access
– Data breaches from user negligence
10. PRODUCT SAFETY AND HANDLING
10.1 Safety Obligations
You must:
a) Read all safety instructions before use
b) Follow manufacturer guidelines
c) Maintain equipment properly
d) Store safely away from children
e) Use appropriate safety gear
f) Report safety concerns immediately
10.2 High-Risk Activities
Prohibited without written authorization:
a) Public demonstrations
b) Commercial use
c) Educational programs
d) Modified configurations
e) Experimental applications
11. FORCE MAJEURE AND EXTERNAL EVENTS
11.1 No Liability For:
a) Natural disasters
b) Government actions
c) Supply chain disruptions
d) Shipping delays
e) Currency fluctuations
f) Market conditions
g) Manufacturing changes
11.2 Extended Delays
For delays exceeding 60 days:
a) Either party may cancel
b) Refund excludes processing fees
c) No additional compensation
d) No consequential claims
12. ADDITIONAL TERMS AND CONDITIONS
12.1 Severability
If any provision is found invalid:
a) Remaining terms continue in force
b) Invalid term replaced with valid equivalent
c) Original intent maintained where possible
d) No effect on other agreements
12.2 Assignment
a) We may assign these Terms
b) You may not assign without written consent
c) Terms bind successors/assigns
d) Notice of assignment not required
13. UPDATES AND MODIFICATIONS
13.1 Terms Updates
a) Subject to change without notice
b) Changes effective immediately
c) Continued use implies acceptance
d) Your responsibility to review regularly
13.2 Product Updates
We reserve right to:
a) Modify specifications
b) Update firmware/software
c) Change accessories/inclusions
d) Alter documentation
e) Adjust pricing
14. FINAL PROVISIONS
14.1 Entire Agreement
These Terms constitute:
a) Complete understanding between parties
b) Supersede prior agreements
c) Override verbal representations
d) Include referenced policies
14.2 Contact Information
For Terms inquiries:
Email: sales@astrodog.com.au
Phone: 1300 278 763
Response within 2 business days
14.3 Documentation
Terms last updated: [Current Date]
Version: 3.0
Previous versions void
14.4 Acknowledgment
By using our website or purchasing products, you acknowledge:
a) Reading these Terms completely
b) Understanding all provisions
c) Accepting all conditions
d) Having legal capacity to agree
e) Being at least 18 years old
END OF TERMS AND CONDITIONS
Updated 10/2/25