1. About the Website
2. Acceptance of the Terms
3. Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you must first register as a user of the Website or make an enquiry for a product listed on the website. As part of the enquiry process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Email address
- Preferred username
- Mailing address
- Telephone number
You may not use the Purchase Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with OZ INFLATABLES;
- You are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase
4. Your obligations as a Member
As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
- the Terms;
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- You have the sole responsibility for protecting the confidentiality of your password and/or email Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
- Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify OZ INFLATABLES of any unauthorized use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of OZ INFLATABLES providing the Purchase Services;
- you will not use the Purchase Services or Website for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website;
- You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by OZ INFLATABLES for any illegal or unauthorized use of the Website; and
- You acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
OZ INFLATABLES may, at their sole discretion, or in accordance with Australian Consumer Law, provide a refund on Products if there is a major failure claimable under your Consumer Guarantee Rights. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
In the event that an item is lost or damaged in the course of the Delivery Services, OZ INFLATABLES asks that you:
- Contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
- contact us by sending an email to email@example.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
8. Copyright and Intellectual Property
OZ INFLATABLES retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
- the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of OZ INFLATABLES; or
- the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- A system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
- OZ INFLATABLES will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
10. General Disclaimer
Use of the Website, the Purchase Services, and any of the products of OZ INFLATABLES (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of OZ INFLATABLES, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of OZ INFLATABLES (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of OZ INFLATABLES) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;
- the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
- the Content or operation in respect to links which are provided for the User’s convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
11. Limitation of Liability
12. Termination of Contract
- notifying OZ INFLATABLES at any time; and
- Closing your accounts for all of the Purchase Services which you use, where OZ INFLATABLES has made this option available to you.
- you have breached any provision of the Terms or intend to breach any provision;
- OZ INFLATABLES is required to do so by law;
- the partner with whom OZ INFLATABLES offered the Purchase Services to you has terminated its relationship with OZ INFLATABLES or ceased to offer the Purchase Services to you;
- OZ INFLATABLES is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
- The provision of the Purchase Services to you by OZ INFLATABLES is, in the opinion of OZ INFLATABLES, no longer commercially
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you share through the Website;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
- Any breach of the Terms.
14. Dispute Resolution
- Within 14 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association, the Conflict Resolution Service or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in a locations that is within a reasonable distance to the Oz Inflatables office and must be within New South Wales, Australia.
15. Venue and Jurisdiction
16. Governing Law
17. Independent Legal Advice
This document was last updated on the 03/04/2020