OVERVIEW
This website is
operated by Ovios. Throughout the site, the terms “we”, “us” and “our”
refer to Ovios. Ovios offers this website, including all information,
tools and services available from this site to you, the user,
conditioned upon your acceptance of all terms, conditions, policies and
notices stated here. By visiting our site and/ or purchasing
something from us, you engage in our “Service” and agree to be bound by
the following terms and conditions (“Terms of Service”, “Terms”),
including those additional terms and conditions and policies referenced
herein and/or available by hyperlink. These Terms of Service apply to
all users of the site, including without limitation users who are
browsers, vendors, customers, merchants, and/ or contributors of
content. Please read these Terms of Service carefully before
accessing or using our website. By accessing or using any part of the
site, you agree to be bound by these Terms of Service. If you do not
agree to all the terms and conditions of this agreement, then you may
not access the website or use any services. If these Terms of Service
are considered an offer, acceptance is expressly limited to these Terms
of Service. Any new features or tools which are added to the
current store shall also be subject to the Terms of Service. You can
review the most current version of the Terms of Service at any time on
this page. We reserve the right to update, change or replace any part of
these Terms of Service by posting updates and/or changes to our
website. It is your responsibility to check this page periodically for
changes. Your continued use of or access to the website following the
posting of any changes constitutes acceptance of those changes. Our
store is hosted on Shopify Inc. They provide us with the online
e-commerce platform that allows us to sell our products and services to
you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these
Terms of Service, you represent that you are at least the age of
majority in your state or province of residence, or that you are the age
of majority in your state or province of residence and you have given
us your consent to allow any of your minor dependents to use this site. You
may not use our products for any illegal or unauthorized purpose nor
may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You
understand that your content (not including credit card information),
may be transferred unencrypted and involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Credit card information
is always encrypted during transfer over networks. You agree not to
reproduce, duplicate, copy, sell, resell or exploit any portion of the
Service, use of the Service, or access to the Service or any contact on
the website through which the service is provided, without express
written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not
responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general
information only and should not be relied upon or used as the sole basis
for making decisions without consulting primary, more accurate, more
complete or more timely sources of information. Any reliance on the
material on this site is at your own risk. This site may contain
certain historical information. Historical information, necessarily, is
not current and is provided for your reference only. We reserve the
right to modify the contents of this site at any time, but we have no
obligation to update any information on our site. You agree that it is
your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We
reserve the right at any time to modify or discontinue the Service (or
any part or content thereof) 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 the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or
services may be available exclusively online through the website. These
products or services may have limited quantities and are subject to
return or exchange only according to our Return Policy. We have made
every effort to display as accurately as possible the colors and images
of our products that appear at the store. We cannot guarantee that your
computer monitor's display of any color will be accurate. We
reserve the right, but are not obligated, to limit the sales of our
products or Services to any person, geographic region or jurisdiction.
We may exercise this right on a case-by-case basis. We reserve the right
to limit the quantities of any products or services that we offer. All
descriptions of products or product pricing are subject to change at
anytime without notice, at the sole discretion of us. We reserve the
right to discontinue any product at any time. Any offer for any product
or service made on this site is void where prohibited. We do not
warrant that the quality of any products, services, information, or
other material purchased or obtained by you will meet your expectations,
or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve 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. These restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the same
billing and/or shipping address. In the event that we make a change to
or cancel an order, we may attempt to notify you by contacting the email
and/or billing address/phone number 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. You
agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly
update your account and other information, including your email address
and credit card numbers and expiration dates, so that we can complete
your transactions and contact you as needed. For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You
acknowledge and agree that we provide access to such tools ”as is” and
“as available” without any warranties, representations or conditions of
any kind and without any endorsement. We shall have no liability
whatsoever arising from or relating to your use of optional third-party
tools. Any use by you of optional tools offered through the site is
entirely at your own risk and discretion and you should ensure that you
are familiar with and approve of the terms on which tools are provided
by the relevant third-party provider(s). We may also, in the future,
offer new services and/or features through the website (including, the
release of new tools and resources). Such new features and/or services
shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party
links on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating
the content or accuracy and we do not warrant and will not have any
liability or responsibility for any third-party materials or websites,
or for any other materials, products, or services of third-parties. We
are not liable for any harm or damages related to the purchase or use
of goods, services, resources, content, or any other transactions made
in connection with any third-party websites. Please review carefully the
third-party's policies and practices and make sure you understand them
before you engage in any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be directed to the
third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request,
you send certain specific submissions (for example contest entries) or
without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by
postal mail, or otherwise (collectively, 'comments'), you agree that we
may, at any time, without restriction, edit, copy, publish, distribute,
translate and otherwise use in any medium any comments that you forward
to us. We are and shall be under no obligation (1) to maintain any
comments in confidence; (2) to pay compensation for any comments; or (3)
to respond to any comments. We may, but have no obligation to,
monitor, edit or remove content that we determine in our sole discretion
are unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party’s
intellectual property or these Terms of Service. You agree that
your comments will not violate any right of any third-party, including
copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain
libelous or otherwise unlawful, abusive or obscene material, or contain
any computer virus or other malware that could in any way affect the
operation of the Service or any related website. You may not use a false
email address, pretend to be someone other than yourself, or otherwise
mislead us or third-parties as to the origin of any comments. You are
solely responsible for any comments you make and their accuracy. We take
no responsibility and assume no liability for any comments posted by
you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there
may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability. We reserve the right to correct
any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information in the Service or on any
related website is inaccurate at any time without prior notice
(including after you have submitted your order). We undertake no
obligation to update, amend or clarify information in the Service or on
any related website, including without limitation, pricing information,
except as required by law. No specified update or refresh date applied
in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been
modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other
prohibitions as set forth in the Terms of Service, you are prohibited
from using the site or its content: (a) for any unlawful purpose; (b) to
solicit others to perform or participate in any unlawful acts; (c) to
violate any international, federal, provincial or state regulations,
rules, laws, or local ordinances; (d) to infringe upon or violate our
intellectual property rights or the intellectual property rights of
others; (e) to harass, abuse, insult, harm, defame, slander, disparage,
intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to
submit false or misleading information; (g) to upload or transmit
viruses or any other type of malicious code that will or may be used in
any way that will affect the functionality or operation of the Service
or of any related website, other websites, or the Internet; (h) to
collect or track the personal information of others; (i) to spam, phish,
pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the security
features of the Service or any related website, other websites, or the
Internet. We reserve the right to terminate your use of the Service or
any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You
agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to
you. You expressly agree that your use of, or inability to use, the
service is at your sole risk. The service and all products and services
delivered to you through the service are (except as expressly stated by
us) provided 'as is' and 'as available' for your use, without any
representation, warranties or conditions of any kind, either express or
implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement. In no case shall OviosAU,
our directors, officers, employees, affiliates, agents, contractors,
interns, suppliers, service providers or licensors be liable for any
injury, loss, claim, or any direct, indirect, incidental, punitive,
special, or consequential damages of any kind, including, without
limitation lost profits, lost revenue, lost savings, loss of data,
replacement costs, or any similar damages, whether based in contract,
tort (including negligence), strict liability or otherwise, arising from
your use of any of the service or any products procured using the
service, or for any other claim related in any way to your use of the
service or any product, including, but not limited to, any errors or
omissions in any content, or any loss or damage of any kind incurred as a
result of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if
advised of their possibility. Because some states or jurisdictions do
not allow the exclusion or the limitation of liability for consequential
or incidental damages, in such states or jurisdictions, our liability
shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to
indemnify, defend and hold harmless OviosAU and our parent,
subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers,
interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising
out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a
third-party.
SECTION 15 - SEVERABILITY
In the event that any
provision of these Terms of Service is determined to be unlawful, void
or unenforceable, such provision shall nonetheless be enforceable to the
fullest extent permitted by applicable law, and the unenforceable
portion shall be deemed to be severed from these Terms of Service, such
determination shall not affect the validity and enforceability of any
other remaining provisions.
SECTION 16 - TERMINATION
The obligations and
liabilities of the parties incurred prior to the termination date shall
survive the termination of this agreement for all purposes. These
Terms of Service are effective unless and until terminated by either you
or us. You may terminate these Terms of Service at any time by
notifying us that you no longer wish to use our Services, or when you
cease using our site. If in our sole judgment you fail, or we
suspect that you have failed, to comply with any term or provision of
these Terms of Service, we also may terminate this agreement at any time
without notice and you will remain liable for all amounts due up to and
including the date of termination; and/or accordingly may deny you
access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to
exercise or enforce any right or provision of these Terms of Service
shall not constitute a waiver of such right or provision. These
Terms of Service and any policies or operating rules posted by us on
this site or in respect to The Service constitutes the entire agreement
and understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but
not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of
Service and any separate agreements whereby we provide you Services
shall be governed by and construed in accordance with the laws of
Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We
reserve the right, at our sole discretion, to update, change or replace
any part of these Terms of Service by posting updates and changes to
our website. It is your responsibility to check our website periodically
for changes. Your continued use of or access to our website or the
Service following the posting of any changes to these Terms of Service
constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@ovios-furniture.com.