Terms of Service

 

The terms and conditions set forth below are to be applied to the use of this website. By using this website, you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, you may not use this website.

 

In these terms and conditions, the expressions “we”, “us” and “our” are a reference to Ozify Australia.

 

GENERAL

Access to and use of www.ozifyaustralia.com (“Website”) and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”).

 

We will not be liable if for any reason this Website is unavailable at any time or for any period. Occasionally we reserve the right to alter and change these Terms of Service, we may restrict access to some parts or the whole of this Website without notice. Changes to the Terms of Service will be effective immediately upon publication on this Website.

 

Your continued use of the Website following such publication will represent an agreement by you to be bound by the Terms of Service as amended.

 

PRIVACY POLICY

Our privacy policy, which provides details on how we will use your information, is set out under Privacy Policy. We undertake to comply with the terms of our privacy policy and by using this Website, you acknowledge that you have read our privacy policy.

 

We may use cookies in delivering the Website to you. A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a website’s computers and stored on your computer’s hard drive.

 

SECURITY OF INFORMATION

We cannot guarantee any data transmission over the Internet as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.

 

DISCLAIMER

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Ozify Australia and its suppliers, content providers, and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute product(s) and services arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not include liability which cannot be excluded or listed under applicable law.

 

LIMITATION OF LIABILITY

Your use of the Website is at your own risk. Where conditions and warranties implied by applicable law cannot be excluded, we limit our liability where and to the extent we are entitled to do so. Otherwise, neither we, nor any of our affiliates, officers or directors nor any of our agents or any other party involved in creating, producing or delivery the Website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or inability to use, the materials on the Website, included damages caused by viruses or any incorrectness or incompleteness of the information on the website, of the performance of the products, even if we have been advised of the possibility of any such damages.

 

INTELLECTUAL PROPERTY

The intellectual property rights of this Website, all software and content made available, is owned and operated by Ozify Australia. Ozify Australia or its licensors are protected by copyright laws and treaties around the world. All such rights are reserved by Ozify Australia and its licensors.

 

You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose.

 

You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

 

PRODUCT VIEWING

Please be aware that colours may vary slightly from those displayed on your monitor, please consider this when making your purchase.

 

LINKING TO THIS WEBSITE & EXTERNAL SITES

You may link to our home page provided prior written permission is granted and in doing so be in a way that is fair, legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

 

Additionally you must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

 

This Website may from time to time contain links to other websites or information provided by these parties. We make no warranties or representations about the accuracy of suitability of the information or links provided on this website, including information provided by third parties. You use the information and links at your own risk. If you decide to access any third party website linked from our website, you do so at your own risk.

 

Ozify Australia does not take any responsibility for its advertisers, outgoing links or any other part of its Website that is not under direct or total control of Ozify Australia. We advise that you read the privacy policies of external sites before submitting personal information.

 

INDEMNITY

You agree to indemnify, defend and hold harmless Ozify Australia, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms of Service.

 

GOVERNING LAW AND JURISDICTION

These Terms of Service are to be construed in accordance with the laws of NSW, Australia and in the event of any dispute or claim associated with these Terms of Service, that dispute or claim shall be subject to the exclusive jurisdiction of NSW, Australia.

 

INTERNATIONAL USERS

The Service is controlled, operated and administered by Ozify Australia from our offices within Australia. If you access the Service from a location outside Australia, you are responsible for compliance with all local laws. You agree that you will not use content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

WAIVER

If you breach these conditions, failure by us to take action will not constitute a waiver of our rights and remedies arising from that breach and we reserve our entitlement to enforce our rights and remedies in relation to that breach or any other situation where you commit a breach of these Terms of Service. Any waiver of any provision of the Terms of Service will be effective only if it is in writing and issued by Ozify Australia.

 

SEVERABILITY

Any condition in these Terms of Service which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms of Service or affecting the validity or enforceability of that condition in any other jurisdiction.

 

TERMS OF SALE

In order to contract with Ozify Australia you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We may require additional verifications or information before accepting any order.

 

Your placement of an order indicates your acceptance of these Terms of Service. Your submittal of any purchase order through the website indicates acceptance of these Terms of Service. These Terms of Service shall supersede any subsequent Terms of Service included with any purchase order, whether or not Ozify Australia signs such Terms of Service.

 

All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays, custom inspections or force majeure for which we will not be responsible. Please refer to our Returns & Exchange Policy for full terms and conditions.

 

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Ozify Australia reserves the right at any time after receipt of your order to accept or decline your order for any reason.

 

We reserve the right to refuse any order without giving reason. Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided. All received monies will be refunded using the method received.

 

Whilst we try to ensure all details, descriptions and pricing which appear on this Website are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any product(s) which you have ordered we will inform you of this as soon as possible and give 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. If the order is cancelled and you have paid for the product(s) you will receive a full refund.

 

All prices are inclusive of GST.

 

DISCOUNT CODES

Occasionally we may offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through this Website. The conditions of use relating to any discount code will be outlined at the time of issue.

 

SHIPPING

We offer complimentary standard delivery across Australia for all orders. A signature is not required upon delivery. Please refer to our Shipping & Delivery Policy for full terms and conditions.

 

For international orders a flat shipping rate of $40 is charged which does not include possible taxes and duties which may be applied by customs in the country where the order originated. The responsibility of any customs duties, foreign taxes or other fees which may be imposed will rest with the customer. We are not able to offer a refund for returned goods which are returned because the customer wishes to avoid paying any customs duties imposed.

 

To comply with the Australian export regulations, we are required to declare the exact value or all product(s) ordered and to mark them as dutiable “merchandise”. We are also prohibited by law from marking the order as a “gift”, even if the order is placed with the intention of sending to a gift recipient.

 

RETURNS & EXCHANGE POLICY

In the unlikely case you would like to return your purchase, then subject to the terms set out in our Returns and Exchange Policy, we will ensure that you receive a refund via the original payment method only subject to all terms being met.

 

CANCELLED ORDER

To cancel your order, please email us at ozify@ozifyaustralia.com as soon as possible and we will action this providing the order has not yet been despatched.

 

DAMAGED OR DEFECTIVE PRODUCT, OR INCORRECT ORDER

Ozify Australia prides ourselves in the quality of our products. All products are thoroughly tested to ensure they are capable of the use for which they are made. It is extremely rare for our products to be damaged or defective.

 

Returned product(s) will be refunded or replaced if available, depending upon your preference. In these instances please allow up to two weeks from the day your return package is received by Ozify Australia for your account to be credited.

 

We will not refund products obtained from a source other than this Website; damaged by abuse or negligence; damaged by misuse or actives other than the intended purpose.