Terms and Conditions
TERMS OF USE
Last Updated January 6th, 2021
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and OT Warehouse (“Company”, “we”, “us” or “our”), concerning your access to and use of the https://otwarehouse.com.au website as well as any other media form, media channel, mobile website, or mobile application related, linked or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the “Site”, you have read, understood, and agree to be bound by all of these Terms Of Use. IF YOU DO NOT AGREE WITH ALL THESE TERMS OF USE THEN YOU ARE EXPRESSIVELY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms Of Use at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms Of Use, and you may waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms Of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted the changes in any revised Terms Of Use by your continued use of the Site after the date such revised Terms Of Use are posted.
The information provided on the Site is not intended for distribution to or use by any persons or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation of which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the Site (collectively the “Content) and the trademarks, service marks and logos contained therein (the “Marks”) are owned or controlled by us or licenced to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Australia, International copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms Of Use, no part of the Site and no Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, sold, licenced or otherwise exploited for any other purpose whatsoever without our express prior written permission.
Provided that you are eligible to access the Site, you are granted a limited licence to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal non-commercial use. We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
USER REPRESENTATIONS
By using the Site you represent and warrant that: (1) all registration information you submit will be true and accurate, current and complete, (2) you will maintain the accuracy of such information and promptly update such registration information as necessary, (3) you have the legal capacity and you agree to comply with these Terms Of Use, (4) you are not a minor in the jurisdiction in which you reside, (5) you will not access the Site through automated or non-human means whether through a bot script or otherwise, (6) you will not use the Site for any illegal or unauthorised purpose and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PRODUCTS
We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colours, features, specifications and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. Our products are sourced from various different suppliers, products are subject to availability from each supplier and we cannot guarantee that items will be in stock. We will, however, do our best to ensure that only products that are in stock are listed on our sight, but cannot guarantee this is correct at all times. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and card expiry date, so that we can complete your transactions and contact you as needed. We may change prices at any time. All payments are in Australian Dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to refuse any order placed through the Site. 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 payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.
RETURN/REFUNDS POLICY
Please review our Return Policy posted on the Site prior to making any purchases.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorised use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use of copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Engage in unauthorised framing of or linking to the Site.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Attempt to impersonate another user or person or use the username of another person.
- Sell or otherwise transfer your profile.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or Content for any revenue-generating endeavour or commercial enterprise.
- Decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Harass, annoy, intimidate or threaten any of our product suppliers, employees or agents engaged in providing any portion of the Site to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, Javascript, or any other code.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous repetitive text) that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection” mechanisms or “pcms”).
- Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with the opportunity to create, post, display, transmit, perform, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your contributions do not and will not infringe the proprietary rights, including but not limited to the Copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licences, writes, consents, releases, and permissions to use and to authorise us, the site, and other users of the site to use your Contributions in any manner contemplated by the site and these terms of use.
- You have the written consent, release, and/ or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the site and these Terms Of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, filthy, violent, harassing, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, Mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these terms of use, or any applicable law or regulation.
Any use of the site or the Marketplace Offerings in violation of the foregoing violates these terms of use and may result in, among other things, termination or suspension of your rights to use the site and the Marketplace Offerings.
CONTRIBUTION LICENCE
You and Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the privacy policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other propriety rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area of the site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) You should have first-hand experience with the person/ entity being reviewed (2) Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language (3) Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability (4) Your reviews should not contain references to illegal activity (5) You should not be affiliated with competitors if posting negative reviews (6) You should not make any conclusions as to the legality of conduct (7) You may not post any false or misleading statements (8) You may not organise a campaign or encourage others to post reviews, whether positive or negative.
SUBMISSION
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any propriety right in your Submissions.
THIRD PARTY WEBSITES AND CONTENT
The site may contain (or you may be sent via the Site or the Marketplace Offerings)links to other websites (third party websites) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and any other content or items belonging to or originating from third parties (third party content). Such third party websites and third party content are not investigated, monitored, or checked for accuracy, appropriateness or completeness by us, and we are not responsible for any third party websites accessed through the Site or any third party content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practises, or other policies of or contained in the third party websites or the third party content. Inclusion of, linking to, or permitting the use or installation of any third party websites or any third party content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the third party websites or to use or instal any third party content, you do so at your own risk, and you should be aware these terms of use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or instal from the Site. Any purchases you make through third party websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on third party websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any third party content or any contact with third party websites.
ADVERTISERS
We may allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you should take full responsibility for any advertisements you place on the Site and any services provided on the site or products sold through these advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the site for violations of these terms of use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these terms of use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.
PRIVACY POLICY
We care about data privacy and security. Please review our privacy policy: https://otwarehouse.com.au/privacy-policy/. By using the site or the Marketplace Offerings, you agree to be bound by our privacy policy, which is incorporated into these terms of use. Please be advised the Site and the Marketplace Offerings are hosted in Australia. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Australia, then through your continued use of the Site, you are transferring your data to Australia, and you expressly consent to have your data transferred to and processed in Australia.
TERM AND TERMINATION
These Terms Of Use shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms Of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Marketplace Offerings (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms Of Use or of any applicable law or regulation. We may terminate your use or participation in the Site and the Marketplace Offerings or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
