Terms

The terms and conditions outlined below (the ‘terms’) govern your use of this website on the www at www.zacataklures.com.au which is owned by Zacatak Lures Pty Ltd (ABN 86 151 786 926) trading as Zacatak Lures.

These terms are legally binding on you. If you do not agree with any of these terms, do not access or otherwise use this website or any information contained on this website. Your use of the Zacatak Lures website shall be deemed to be your agreement to abide by all terms.

 

GENERAL USE RESTRICTIONS

All information, documents, product images, product descriptions, articles and services provided on the Zacatak Lures website, including trademarks, logos, graphics and images (the ‘materials’) are provided to you by Zacatak Lures.

Zacatak Lures grants you the limited right to display the materials only on your personal computer, and to copy and download the materials displayed on this website, provided that:

- both the Zacatak Lures copyright notice (set forth below) and this permission notice appear in the materials so displayed, copied or downloaded,

- such display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home/place of business or Zacatak Lures, or otherwise broadcast in any media).

- You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the materials in any manner. This limited licence terminates automatically, without notice to you, if you breach any of these terms. Upon termination of this limited licence, you agree to immediately destroy any electronic or printed materials.

Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the materials on any legal basis, without the advance written authorisation of Zacatak Lures.

 

THIRD PARTY CONTENT

Third parties may provide certain information and content to Zacatak Lures ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding such terms. Zacatak Lures disclaims all warranties and conditions with regard to content provided by third parties, including all implied warranties of merchantability, fitness for a particular purpose and non-infringement.

 

NO FRAMING

You agree not to reproduce, transmit, display, distribute, ‘frame’ or ‘mirror’ any materials on this website on any other server or Internet-based device without the advance written authorisation of Zacatak Lures or its licensors, respectively.

 

THIRD PARTY LINKS

We may provide links to other websites or resources over which Zacatak Lures does not have control (‘external websites’). Such links do not constitute an endorsement by Zacatak Lures of those external websites. You acknowledge that Zacatak Lures is providing these links to you only as a convenience, and further agree that we are not responsible for the content of such external websites. Your use of external websites is subject to the terms of use and privacy policies located on the linked external websites.

Your use of the Zacatak Lures website is governed by the Zacatak Lures Privacy Policy that is available at the bottom of this same page.

 

TRADEMARKS & COPYRIGHTS

The trademarks, service marks, brands, names, logos and designs (‘trademarks’) of Zacatak Lures or others used on this website are the property of Zacatak Lures or their respective owners. You may not remove or alter any trademark. You may not use any trademark displayed without the express prior written permission of Zacatak Lures or the respective owner, and nothing contained on this website grants by implication, waiver or otherwise, any right to use such trademarks. All of the materials appearing on the Zacatak Lures website, including but not limited to, text, design, images, icons, in addition to the selection, assembly and arrangement thereof, are the sole property of Zacatak Lures Pty Ltd Copyright © 2019, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Zacatak Lures and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including legal fees, that arise out of or in connection with your use of the website or breach of these terms.

 

DISCLAIMER OF WARRANTY

You acknowledge and agree that this website may include certain errors, omissions, or out-dated information which may affect the quality of the materials. You acknowledge that the materials have not been independently verified or authenticated in whole or in part by Zacatak Lures, and agree that Zacatak Lures does not warrant the accuracy or timeliness of the materials and further agree that Zacatak Lures has no liability for any errors or omissions in the materials, whether provided by Zacatak Lures or its affiliates.

Zacatak Lures, for itself and each of its affiliates, makes no representations, warranties, or guarantees as to the quality, suitability, truth, accuracy or completeness of any information or material contained on the website, including without limitation the materials and any third party content. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the website and any information or material contained on the website is provided to you on an “as is” and “where-is” basis, and is for personal use only. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including any implied warranty or merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed.

 

LIMITATION OF LIABILITY

Neither Zacatak Lures nor any of its partners, agents, affiliates, third party providers or content providers shall be liable to you or any third party for any form of damages (including, without limitation, direct, indirect, incidental, special or consequential damages) arising out of or related to the use or attempted use of the website, or any external links to this website, or the materials on the website, however arising, whether for breach or in tort, even if Zacatak Lures was informed of the possibility of such damages.

 

ORDER PROCESS

Our display of products on our website is an invitation to treat and not an offer to sell those goods to you.

An offer is made when you place the order for your products. As you go through the order process there are also a series of instructions. We will not be bound however unless and until we accept your offer. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.

We will send to you an email to acknowledge your order, if you enter a correct email address. This is not an order confirmation or order acceptance from us.

Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contract between you and us will take place on the despatch to you by us of the goods, which takes place as your product is shipped from our warehouse. It does not take place until that stage, notwithstanding that we may have debited your card (see above) or that we have sent an acknowledging email (see above).

All orders that you place on this website will be subject to acceptance in accordance with the above clause of these terms and conditions.

The purchase of goods is subject to availability.

Please print out these terms and conditions and the order acknowledgement for your own records. If you require any information about orders you have placed with us please contact us.

 

SHIPPING

Please click here to review information regarding shipping.

 

WARRANTY & RETURNS

Please click here to review information regarding warranty and returns.

 

PRODUCT AVAILABILITY

All orders made on the Zacatak Lures website are subject to product availability. It is possible that an item you purchased on this website is not in stock. We are truly sorry if any items you wish to purchase are not in stock. You will not be charged for unavailable items.

 

COLOUR REPRODUCTION

We attempt to reproduce product colours as true to life as possible, but due to the nature of the printing and screen display process, product colours may at times vary slightly from the colour chart or their images.

 

SUPPLY

We reserve the right to refuse to supply any individual or company.

 

GENERAL

Zacatak Lures controls and operates this website from its headquarters in Port Stephens, NSW Australia. You are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the materials. These terms will be governed by the laws of Australia, without regard to the choice or conflicts of law provisions of any jurisdiction. If any provision of these terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Zacatak Lures to enforce any right or provision in these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Zacatak Lures in writing. The terms comprise the entire agreement between you and Zacatak Lures and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

These terms and conditions do not in any way affect your statutory rights.

 

Privacy

Your privacy is of the highest importance to us.

This privacy policy discloses the privacy practices for Zacatak Lures Pty Ltd (ABN 86 151 786 926) trading as Zacatak Lures (including http://www.zacataklures.com.au). We comply with all requirements of the Australian Privacy Act 1988 (Cth) in relation to the collection, management and disclosure of your Personal Information. For more information, visit www.oaic.gov.au.

Please note, by accessing or using the Zacatak Lures website, you agree to the terms of our privacy policy and website terms and conditions. If you do not agree to these terms, please do not use or access our website. If you have any questions regarding our privacy policy, please contact us.

 

PERSONAL INFORMATION

When used in this privacy policy, the term ‘Personal Information’ has the meaning given to it in the Act. Generally, it includes any information that can be used to personally identify you. This may include your name, address, telephone number, email address, date of birth, purchase history, interests and any information provided through our service centre. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered Personal Information.

We collect your Personal Information in many ways including (but not limited to) your access/use of our website, during conversations with our representatives, when a purchase is made, your participation in surveys, when you enter a promotion, subscribing to a mailing list, via social media platforms or when you express interest in a particular product.

We may also collect information from third parties such as credit reporting agencies.

If you do not provide Zacatak Lures with the Personal Information described above, we may be unable to provide the requested products or services to you, either to the same standard or at all; we may not be able to provide you with information about our products and services that you may want, including information about discounts, sales or special promotions; or we may be unable to customise the content of our website to your preferences and your experience whilst using our website may not be as enjoyable or useful.

Zacatak Lures uses, collects and holds your information to better understand your needs and provide you with better service. We use a variety of security measures to protect your Personal Information, including secure servers, firewalls and encryption. We value the trust our customers have placed in Zacatak Lures when providing any personal information, and limit the collection and use to maintain a superior level of service to our customers.

Zacatak Lures may disclose your Personal Information to our employees, contractors or service providers for the purposes of operation of our website or our business, fulfilling requests by you, and to otherwise provide products and services to you including, without limitation, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, and professional advisors such as accountants, solicitors, business advisors and consultants. We may also disclose your Personal Information to suppliers and other third parties with whom we have commercial relationships for business, marketing, and related purposes and any organisation for any authorised purpose with your express consent.

 

COOKIES

Zacatak may use tracking technologies such as cookies which are used to recognise your browser each time it visits our website. A cookie is a data file that some websites write to your computer's hard drive for record keeping purposes. Zacatak may create a temporary cookie on your computer if you log into our web site using your username and password or create a shopping cart. This cookie is used to secure your connection to our web server. These tracking technologies do not themselves personally identify users, although they do identify a user's browser. However if you do not wish to receive cookies from any websites, you are able to set your Internet browser to refuse them. 

 

CREDIT CARD SECURITY

We take credit card security extremely seriously and always endeavour to provide a safe and secure platform on which to conduct online transactions. Zacatak Lures uses the industry standard Secure Sockets Layer (SSL) protocol, which encrypts your credit card information as it is transmitted over the Internet. This encryption scrambles details such as credit card number, billing details and delivery address so that generally, other computers are unable to decipher the information, ensuring privacy and security. To ensure you are accessing a secure server, check that the URL starts with HTTPS rather than HTTP and look for the unbroken key or closed lock symbol located generally either at the bottom left or top right of your browser window.

 

DIRECT MARKETING

Zacatak Lures may send you direct marketing communications and information about our products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS, and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). You consent to us sending you those direct marketing communications by any of those methods. 

All our email-based services to our members are ‘opt-in’ and members have the ability to suspend or cancel all marketing emails from Zacatak Lures at any time. This can be controlled by clicking the ‘unsubscribe’ link found at the bottom of all email newsletters sent by Zacatak Lures. Alternatively if you would like to unsubscribe from receiving electronic newsletters please contact us and we will remove your details from our database.

 

EXTERNAL LINKS

Other third party sites (including those partners, advertisers, sites or services to which the Zacatak Lures website links or is otherwise connected) may have their own privacy terms and practices, which we do not control. We do not accept responsibility for the conduct of companies linked from this website. Zacatak Lures is not responsible for any of these sites, their content or their usage of your personal information.

 

SOCIAL MEDIA

Zacatak Lures offers social sharing features and other integrated tools (such as the Facebook “Like” button) on our website, which let you share actions taken on our website within other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you have established with the entity that provides that particular social sharing feature. The privacy settings of these social sites are neither moderated nor controlled by Zacatak Lures and we do not accept responsibility for the conduct of these social sharing networks. For more information about the purpose and scope of data collection and processing in connection with social sharing networks, please visit the privacy policies of the individual entities providing these features.

 

CONTACT US

You have the right to verify, access or amend the personal information that we have on file by contacting us and making a formal request. Please contact us as per the details below. If you have any questions about the Zacatak Lures privacy policy, any concerns, or a complaint regarding the treatment of your privacy or a possible breach of your privacy, please contact us.

Zacatak Lures will treat your requests or complaints confidentially and we will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner. 

For more information about the Privacy Act, or if your concern is not resolved to your satisfaction, you may contact the Australian Privacy Commissioner on 1300 363 992 or http://www.privacy.gov.au

 

UPDATES

Zacatak Lures reserves the right to revise these terms at any time and we shall notify you of such revisions by posting an updated version of these terms on the website. It is your responsibility to review these terms before each access or use of the website. Your continued use of the Zacatak Lures website shall constitute your consent to such changes.