Terms of Use – Ozzi Mozzie

1 Acceptance

1.1 This website, app, and any service or other website offered under the name “Ozzi Mozzie” (“Website”) is operated by Ozzi Mozzie Pty Ltd and its related entities or body corporates (“us”, “we” and “our”).

1.2 Your access to and use of the Website is subject to these Terms, our Privacy Policy (which you can find here and any other policy displayed on the Website (together, the “Terms”). The Terms constitute a binding legal agreement between you and us. Every time you use this Website or make any purchase off this Website, you indicate that you have read, understood, and are taken to accept these Terms. If you do not agree to be bound by these Terms, you must not use the Website.

1.3 We may initiate amendments or modifications to the Website, the Terms and/or the Privacy Policy by providing you with 14 days’ notice. You will have an opportunity to agree or reject the amendments. If you do not agree to the amendments, then you must notify us within that time frame, otherwise, you will be deemed to accept the amended version of the Website, the Terms and/or the Privacy Policy, as relevant. Your continued use of the Website indicates your continued acceptance of the amended Website, Terms and/or Privacy Policy, as relevant.

1.4 These Terms will prevail over any other terms or agreement between you and us.

2 Preconditions to use

2.1 To use the Website or to purchase Products through the Website:

(a) you must be at least 18 years old (and have the legal capacity to enter into binding contracts); or

(b) if you are under 18 years old, you must obtain parent or guardian approval before using the Website.

2.2 By visiting, registering, purchasing Products or using the Website in any way, you warrant to us that you meet the requirements above. If the above requirements are not met, please cease using the Website immediately.

3 Right to access and use the Website

3.1 In exchange for you complying with all terms of this Agreement, we grant you a limited non-exclusive, non-transferable, non-sublicensable, personal, and revocable right to access and use the Website, limited to the Permitted Use.

4 Registration; Data

4.1 While you may browse the Website without creating an account, we may require you to create an account to access certain features of our Site. We may refuse, review or cancel any account registration in order to satisfy our internal processes and our business requirements at our discretion.

4.2 When you create and activate your account, you may provide us with Personal Information such as a name and email address and other details. You must ensure that this information is accurate and current. We will handle all Personal Information we collect in accordance with our Privacy Policy. Generally, we aim to delete any Personal Information and other Uploaded Content related to your account administration as soon as practicable after the termination of your account. However, we may sometimes retain Personal Information for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Information it may persist on backup or archival media for an additional period of time for legal, tax or regulatory reasons or for legitimate and lawful business purposes.

4.3 You are responsible for keeping your account credentials secure, and you are responsible for all use and activity carried out under your account. You must not share your account credentials with any third party or let someone else use your account. You will be legally responsible for all actions taken by anyone presenting your username and password on the Website, including without limitation, all communications, submissions or financial obligations, whether or not made with your knowledge or authority.

4.4 You agree not to create an account or access or use the Website if you have been previously removed or suspended by us from the access or use of the Website.

5 Analytics

5.1 Despite anything to the contrary in these Terms or elsewhere, we may capture, log, monitor, analyse and compile statistical and performance information based on and/or related to your use of the Website in an aggregated and anonymised format (Analytics). We and our licensors own all Intellectual Property Rights in and to the Analytics and in the Website and all technology, documentation and content provided in connection with the Analytics. You agree that we may make such Analytics publicly available, provided that it:

(a) does not contain identifying information; and

(b) is not compiled using a sample size small enough to make the underlying Personal Information identifiable.

6 Your Conduct

6.1 In using the Website, you must:

(a) only use and permit the Website to be used for the Permitted Use;

(b) strictly comply with any policy displayed on the Website;

(c) not use the Website in any way which is in breach of any applicable laws or which infringes any person’s rights, including Intellectual Property Rights;

(d) not do anything which may compromise or interfere with the Website or our systems, including without limitation introducing malicious programs such as viruses, worms, trojan horses, and email bombs or take any action that is likely to impose upon the Website (or our servers, or the servers of our or third-party providers) a disproportionately large load;

(e) not interfere with the proper working of the Website or any activities conducted via the Website not collect content or information from the Website, or otherwise access the Website, using any automated or manual software, process or other means, such as through exporting, extracting, or otherwise scraping any of the content or data on the Website for use outside the Website, including (but not limited to) pre-fetching, indexing, storing, resharing, or rehosting any of our content outside the Website or using any other harvesting bot, robot, spider, or other similar tool;

(f) not use the Website to create a product or service with features that are substantially similar to or that re-create the features of any other product or service owned by us or, except to the extent the Copyright Act allows you to do so, reverse engineer or otherwise seek to obtain any source code forming part of the Website;

(g) not to do anything:

(i) that may be considered harassment or bullying;

(ii) that may result in you, us or any other User breaching any law, regulation, rule, code or other legal obligation;

(iii) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing;

(iv) that would bring us or the Website into disrepute;

(v) that infringes the rights of any person;

(vi) that you know (or ought reasonably to suspect) is false, misleading, untruthful or inaccurate; and/or

(vii) that contains or constitutes unsolicited or unauthorised communications (including junk mail or spam).

7 Products

7.1 Sale Contracts

By submitting an online order, you make an offer to purchase Products from us. If we accept your offer by displaying or sending you an order confirmation, a Sale Contract is formed. Each such transaction will be treated as a separate Sale Contract.

7.2 Price

(a) You agree to pay us:

(i) the applicable Price for Products you order in accordance with a Sale Contract, as advertised on the Website; and/or

(ii) any Subscription Fee, as applicable,

(together, Fees).

(b) Unless otherwise expressly stated, all Fees are payable in Australian currency and are inclusive of GST and handling charges.

(c) Fees are subject to change without notice and must be paid without setoff or deduction in accordance with these Terms;

(d) We accept the payment methods as indicated on the Website. By submitting your order you represent and warrant that you are authorised to use the chosen payment method and that you authorise us to charge the Fees to the chosen payment method;

(e) You agree to keep the payment method current until your Sale Contract is complete and quickly resolve any issues that may arise while we process your Sale Contract. We may suspend or cancel your order without notice if the payment method cannot be verified, is invalid or otherwise unacceptable; and

(f) We are entitled to charge you:

(i) an additional charge depending on the payment method you choose;

(ii) any cost which we pay to recover any amount owed to us by you, including without limitation any legal fees and debt collection charges; and

(iii) if there are any issues with your payment method, any bank or merchant fees, or commissions charged to us as a result, and an additional administration fee of $50 to process such issues. All such charges must be paid to us on demand.

(g) We may offer one or more payment processors as a way to facilitate payment of the Fees. You must make payment by way of one of the payment processors offered (which we may modify from time to time at our sole discretion). You agree that:

(i) any cost, fee, or other charges charged by such processor must be paid by you in addition to the Price; and

(ii) you must comply with the terms and conditions of the relevant payment processor.

7.3 Descriptions

Products displayed on our Website or otherwise disclosed may not be available or be exactly as described. To the extent permitted by law, we do not warrant that the descriptions or other content available on the Site or otherwise disclosed are accurate, complete, reliable, current, or error-free. We make every effort to display as accurately as possible the colours and images of our Products that appear on the Website but you acknowledge and accept that your computer monitor's display will effect the accuracy of any colour.

7.4 Ordering Products

(a) All Products are subject to availability and all orders accepted by us will be executed at your sole risk.

(b) We may refuse to sell or supply Products to any person, for any reason or for no reason.

7.5 Cancellation of Order

(a) We may cancel or reduce the Products ordered by you without notice, amongst others, for any of the following reasons, or for no reason:

(i) the Product or item(s) for the Product is no longer available; or

(ii) there was difficulty in processing payment information; or

(iii) delivery to the address was not possible; or

(iv) a duplicate order for a Product was placed; or

(v) the Product was cancelled with your consent.

(b) Upon cancellation, any Price paid in advance for the Product will be refunded via your original payment method.

(c) You may only cancel an order placed on the Website if we inform you that an “in stock item” is not available for immediate delivery and remains unavailable for delivery within 5 days of the order date.

(d) Any other order may only be cancelled with our prior written permission, which may be withheld at our sole discretion and on terms which will indemnify us against any Claim or Loss resulting from your cancellation of the order.

7.6 Delivery

(a) Title to Goods: we retain the legal ownership of any Products until the latter of the dispatch of the Products to you or when full payment for the Products is received by us. The legal ownership of the Products will immediately revert to us if we refund any such payment to you.

(b) Delivery Timeframe: any delivery times quoted to you are indicative only. Products may be delivered in one or more parts. To the extent permitted by law, we do not accept any liability whatsoever for delayed delivery caused by any third-party.

(c) Risk of Loss: Risk in the Products will pass to you upon delivery to you.

(d) Receipt of Products: Upon delivery of the Products, you must inspect the Products for any shortage or quality issues. You will be deemed to have accepted the Products and waived the right to make any claim unless you notify us in writing within 7 days of receiving the Products. If we have provided you with more Products than what you ordered, you must also notify us and return the surplus Products to us (we will bear the shipping costs).

7.7 Returns

Ours return address is: 4th Floor, Building G, Ba Fang Zhi Gu, No.10 Huanguan South Road, Shenzhen, China, 523000 

(a) Change of mind returns are accepted within 90 days of an order, provided that the Product must be in its original packaging and unopened.

(b) If you have received the wrong Products or your order does not arrive please contact us immediately (and no longer than 7 days from receipt of the Products) on support@ozzimozzie.com.au and give a full detailed description of the problem, as well as your name, contact number or email and order number. We will then determine how best to resolve your problem.

(c) Defective Product - We are confident in the quality of our product. Unfortunately, on occasion a product may be damaged during transit or arrive defective. If this is the case, please email us at support@ozzimozzie.com.au with proof of the defect in the product and we will provide a choice of a free re-shipment of the product or an immediate refund of the Price you paid for the defective Product. You must notify us and provide us with proof of a defective product within 90 days of delivery of the product.

(d) Returns Shipping - when you’re shipping a Product back to us:

(i) we recommend choosing a mailing option which gives you the option to track the package, as well as one that offers you compensation for loss of or damage to your parcel;

(ii) wrap your package carefully so it doesn’t get damaged in the returns process. If the Product does not reach us, or is damaged in return-transit, we will not be able to process your return;

(iii) please note that original priority shipping fees are non-refundable.

(e) Where applicable, we will notify you of our agreement to your refund within seven days of our receipt of the returned defective Product. Please note that once your refund is approved, it will be processed and you should receive it within 3-10 business days, depending on your banks processing time.

8 Subscriptions

8.1 When using the Website, you may choose to upgrade to a paid subscription (Subscription) for a particular period (Subscription Term) by paying the fee (Subscription Fee) in accordance with clauses 7 and 8.

8.2 During the Subscription Term you will be entitled to receive the Subscription inclusions as listed on our Website from time to time.

8.1 At the end of each Subscription Term, to help you manage the risk of missing a renewal step, a Subscription will automatically renew on each expiration date for an additional equivalent period, and you will be required to pay the Subscription Fee for the next Subscription Period unless you notify us in accordance with this clause. You may terminate the Subscription at any time, however such termination only takes effect as of the expiration of the then-current Subscription Term. Subject to clause 8.2 below, any Subscription Fees paid are non-refundable. Please ensure you contact us if you want to cancel your Subscription Plan.

8.2 You agree and acknowledge that we may cancel your Subscription at any time and for any reason. If the cancellation is not due to your breach of these Terms of Use, we will provide you with a pro-rata refund of the then-current Subscription Fees paid by you.

8.3 The provisions of clause 7.2 govern the payment of Subscription Fees, save as modified by this clause 8.

9 Intellectual property rights

9.1 Except where otherwise indicated or implied by context, we are the sole owners or licensees of all Intellectual Property Rights comprised in the Website (including all Intellectual Property Rights comprised in the Website content any associated documentation) and any improvements, Updates, or modifications of the Website, and any customisations and derivative works and nothing in these Terms constitutes a transfer of any Intellectual Property Rights in or related to the Website or Website content. To the extent that you acquire any such Intellectual Property Rights, you irrevocably assign such rights to us.

9.2 You acknowledge and agree that the Website and the content contained therein are protected by copyright, trademarks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via the Website.

9.3  If you provide us with feedback, comments or suggestions (Feedback) relating to the Website or our business, then all rights, title and interest in that Feedback, and anything created as a result of that Feedback (including new material, enhancements, modification, or derivative works), are owned solely by us, automatically assigned to us and we may use the Feedback for any purpose.

9.4 You must not do anything which breaches or otherwise interferes with our Intellectual Property Rights or the Intellectual Property Rights of any of its third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from the Website content without our prior written permission or the relevant third-party licensor or exploit such contents for commercial benefit.

9.5 You acknowledge and agree that we will suffer real and substantial loss due to any breach of this clause 9 and damages alone would not be an adequate remedy for a breach of this clause 9. Therefore we may seek equitable or injunctive relief for any actual or perceived breach of this clause.

10 Third-party websites or services

10.1 The Website may contain links to websites that are owned and operated by third parties. We have no control over these external websites, which are governed by terms and conditions and privacy policies independent of us.

10.2 You acknowledge and agree that when you access a third-party website available via a link contained on the Website:

(a) you do so at your own risk and understand that you should review the privacy policy and terms and conditions of that website;

(b) we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website; and

(c) you acknowledge and agree that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of any third-party website available via a link on the Website.

10.3 The Website may utilise, incorporate or depend on other third-party services (including, without limitation, hosting services) and you agree that to the extent permitted by law, we will not be responsible or in any way liable for any defect or interruption to the availability of the Website or our services resulting from the failure of such third-party services.

11 Disclaimer and limitation of liability

11.1  We exclude all Warranties whatsoever except for those expressly set out in these Terms or those that cannot be excluded due to applicable law.

11.2 Any information or advice provided on the Website, including any information or advice in relation to the Products or anything else, is of general nature only. You acknowledge that:

(a) your use of any Products and consumables or any advice is at your own risk;

(b) you must rely entirely on your own enquiries and judgment in relation to Products and anything offered by us, any advice and any other information or material contained on the Website;

(c) you must not use any Products or other accessories in a manner inconsistent with any displayed instructions; and

(d) we are not liable for any reckless or negligent act or omission by you.

11.3 You must take reasonable steps to store, maintain and clean all Products and accessories in accordance with standard practice and any instructions provided. We exclude all liability for any damage to the Products caused by your failure to properly follow our advice or reasonable caution in this regard.

11.4 To the extent that any applicable law restricts our right to exclude Warranties, these Terms must be read subject to those provisions and nothing in these Terms is intended to alter or restrict the operation of such provisions. If those statutory provisions apply, then, to the extent that we are entitled to do so, we limit our liability under such provisions to (at our discretion):

(a)                the replacement of the goods or the supply of equivalent goods; or

(b)                the repair of the goods; or

(c)                 the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(d)                the payment of the cost of having the goods repaired.

11.5 To the maximum extent permitted by applicable law and subject to clause 10.7, neither party will have any liability in connection with the Terms for any indirect, consequential, special, incidental, or punitive damages, or any lost revenues, profits, savings, or goodwill.

11.6 Subject to clause 10.7, each party's maximum aggregate liability for damages in connection with the Terms is limited to the Price for Products you paid to us during the 12 month period before the event giving rise to liability.

11.7 Nothing in the Terms excludes or limits either party's liability for:

(a) its fraud or fraudulent misrepresentation;

(b) its infringement of the other party's Intellectual Property Rights;

(c) its payment obligations under the Terms; or

(d) matters for which liability cannot be excluded or limited under applicable law.

11.8 All subclauses of this clause 10 are cumulative to one another.

12 Indemnities

12.1 Each party agrees to indemnify (and defend and hold harmless) the other party and its Affiliates from all Claims and or Loss arising in connection with:

(a) the indemnifying party’s failure to comply with any applicable laws; or

(b) the indemnifying party’s gross negligence or wilful misconduct.

 12.2 You agree to indemnify (and defend and hold harmless) us and our Affiliates harmless from any Loss or Claims in connection with:

(a) any damage to person, property, personal injury or death;

(b) your breach of any of clauses 6 (Your Conduct) and 8 (Intellectual property rights) of these Terms.

12.3 As conditions to indemnification under this clause 11, the indemnified party must:

(a) notify the indemnifying party promptly in writing of the Claim for which the indemnified party is seeking indemnification;

(b) grant the indemnifying party sole control over the defence and settlement of each Claim;

(c) provide the indemnifying party with reasonable cooperation in response to such party’s requests for assistance (including all relevant information or materials);

(d) not have admit any fact, or settle or compromise a Claim, without the prior written consent of the indemnified party if such settlement includes an admission of liability on the part of the indemnified party; and

(e) use its best endeavours to mitigate any Loss the indemnified party suffers as a result of the Claim.

12.4 In this clause:

(a) Claim means a claim, action, proceeding or demand made against a person concerned, however it arises and whether it is present or future, fixed or unascertained, actual or contingent.

(b) Loss means a damage, loss, cost, expense or liability incurred by the person concerned however arising, including without limitation penalties, fines, and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.

(c) Affiliates means a party’s officers, directors, shareholders, employees, consultants, agents, related body corporates and associates, affiliates, subsidiaries, related parties, related body corporates, sponsors, and other third-party partners.

13 Termination

13.1 The parties acknowledge and agree that:

(a) subject to clause 8 any ongoing Subscription, you may delete your account , or we may terminate your access to the Website, at any time without giving any explanation;

(b) we may terminate these Terms or any Sale Contract or Subscription immediately by notice to you in writing if you are deemed to breach these Terms or associated policies in any way, in our sole discretion; and

(c) termination of these Terms, a Sale Contract, Subscription or your access to the Website does not release either party from any obligations and liabilities that may have arisen or been incurred prior to the date of such termination.

(d) on termination of these Terms or your access to the Website for any reason:

(i) you must immediately stop accessing and using the Website, and we may take any action necessary to disable or terminate your access to the Website; and

(ii) each party must promptly return (where possible) or delete or destroy (where not possible to return), the other party’s Personal Information and intellectual property, and/or documents containing or relating to the other party’s Personal Information unless required by law or regulatory requirements to retain such information.

14 Warranties and acknowledgements

14.1 You acknowledge, agree and warrant to us that:

(a) all information and documentation that you provide to us or upload into the Website in connection with these Terms is true, correct, and complete, and that we will rely on such information and documentation in order to provide the Website and our services;

(b) you are solely responsible for establishing and maintaining any operating environment necessary to use and obtain the benefit of the Website.

15 General

15.1 You agree that our delivery notes will be deemed to be proof of delivery to you of the Products described in the delivery note. In the event of a dispute as to the number of Products sold and delivered and their value, the onus of proving that the Products were not delivered and/or that the quantity and price thereof is not in accordance with our invoices will be upon you.

15.2 Unexpected Events: We are not liable for any failure to comply with a Sale Contract if the failure (directly or indirectly) arises out of circumstances which are not within our reasonable control such as strikes, lock-outs, failure of usual sources of supply of Products, civil commotion, acts of terrorism, commercial exigencies, accidents, war, fire, flood, explosion, shortage of power, breakdown of plant or machinery, shortage of raw materials from normal source of supply, act of God or any order or direction of any local, state or federal government, government agency or instrumentality. If such circumstances occur, we may delay or suspend delivery of Products, without any cost to us. In such an event, we may with your consent cancel the order and at our sole discretion, issue a credit, or refund any moneys paid in advance, after which you will have no further claim on the Products or against us. If the order is not so cancelled, we will complete delivery as soon as reasonably practicable.

15.3 No concession, latitude or indulgence allowed by us to you may be construed as a waiver or abandonment of any of our rights under the Terms or act as an estoppel against us.

15.4 You agree that a certificate signed by any of our employees setting out the balance owing by you to us for Products sold will be final, binding and conclusive as against you.

15.5 You hereby irrevocably appoint us as your attorney and agent to do all acts and deeds and sign all documents in your name so as to enable us to exercise our rights under these Terms or any Sale Contract.

15.6 Notices are taken to be read on the day they are received, unless they are received after 5 PM or not on a Business Day, in which case they are deemed to be received on the next Business Day. Any notice to you will be addressed to the most recent address that we have of you in our records. Any notice to us must be sent to support@ozzimozzie.com.au.

15.7 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms. We may assign, sublicense, novate or transfer our rights and obligations under these Terms to our related body corporates, or to any bona-fide acquirer of the Website or our business.

15.8 If a provision of these Terms of Use is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions unless this would materially change the intended effect of these Terms of Use.

15.9 These Terms of Use are governed by the laws of the State and each party submits to the exclusive jurisdiction of the courts of the State and all courts of appeal from there.

15.10 No breach of any provision of these Terms can be waived except with the express written consent of the party not in breach.

15.11 The contents of these Terms constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of these Terms of Use, whether orally or in writing.

15.12 A provision of these Terms that can and is intended to operate after its conclusion will remain in full force and effect despite the termination or expiration of these Terms of Use, including without limitation clauses 6 (Your Conduct), 9 (Intellectual property rights), 11 (Disclaimer and limitation of liability) and 12 (Indemnities), this clause and all other indemnities, releases, exclusions of liabilities and disclaimers.

16 Definitions

16.1 In these Terms of Use:

Business Day means a day on which banks are open for business in the State other than on a Saturday or Sunday or a public holiday.

Intellectual Property Rights mean all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these intellectual property rights include copyright and related rights, database rights, Confidential Information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semiconductor topography rights and rights in designs).

Permitted Use means ordinary personal use for the purposes of viewing and editing your account details, purchasing Products and viewing your orders and certain billing data.

Personal Information has the same meaning as in the Privacy Laws.

Price means the price for the sale of each Product as advertised on the Website and which are subject to change from time to time.

Product means any products or goods offered for sale on our Site.

Privacy Laws mean the Privacy Act 1988 (Cth).

Privacy Policy means our privacy policy available here.

Sale Contract means a binding legal agreement under which we sell you the relevant Product/s for the Price/s.

State means New South Wales, Australia.

Subscription has the meaning given to it in clause 8.1.

Subscription Fee has the meaning given to it in clause 8.1.

Subscription Term has the meaning given to it in clause 8.1.

Update means any updates, modifications, changes or enhancements to the Website, including the adding or removing of any features or functionality, improvements, bug fixes and patches.

User means any person whatsoever using, purchasing through or registering on the Website.

Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.

We, we, us, our means Ozzi Mozzie Pty Ltd and its related entities or body corporates.

You, you or your mean you and any user of this Website.