1. Obv.’s Terms and Conditions
Imbuety Pty Ltd (referred to as Obv, we, our or us) permits users (referred to as you or your) to:
- access and use the Obv website (www.obvoil.com) (Website);
- place an order for products (Order) through our online store (Obvoil.com);
- view and interact with any content, information, communications, advice, text or other material provided by Obv (Obv Content); and
- otherwise communicate with Obv,
subject to the following terms and conditions (Terms).
We may from time to time review and update these Terms including to take account of new laws, regulations, products or technology.By using the Website, you are agreeing to all of the Terms. We will give you notice of updated Terms by posting it on the Website. Your use of the Website will be governed by the most recent Terms posted on the Website. You should also check this page regularly and take notice of any changes made.
By placing an Order via the Website you are making an offer and commitment to purchase products in accordance with these Terms. An Order is subject to acceptance or rejection by Obv in its discretion after receipt of the Order. Provided you have not accepted delivery of the products, where possible, Obv may in its discretion permit an Order to be cancelled, but cancellations cannot be guaranteed once any applicable payment is received for the Order. The Order cannot be cancelled by you once you accept delivery of the products.
Once you have placed an Order in accordance with these Terms you will receive an email confirming the details of your Order and receipt of payment (where applicable) (Confirmation Email). Where your Order is not accepted by us, you will receive an email indicating that your Order has not been accepted. If you do not receive a Confirmation Email, please contact Obv to check the status of your Order.
Notwithstanding anything to the contrary, we may at any time following receipt of your Order accept, decline, or limit your Order for any reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. We will issue you with a refund if your credit card has been charged or we have received payment from you, and your Order is cancelled by us.
3. Changes to Products and Pricing
We may modify prices and product offerings at our discretion for any reason (including but not limited to changes in market conditions, product discontinuation, changes in availability, manufacturer changes, errors in advertising, and in other circumstances).
All updates and modifications to the Website including any changes to the content and all product, pricing and offerings will be subject to these Terms. Any information we provide in relation to the availability of products is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products that you may order through the Website.
a. Payment for an Order is made online through the Website (Online Payment) in Australian Dollars. Any international currency conversion fees charged by your bank as a result of your Order will be your sole responsibility, and will not be reimbursed by Obv. In any circumstances.
b. Where you have chosen to view the product price in a currency other than AUD, please be advised this is an estimate only; based on an external currency conversion.
c. Your Order will be delivered to you through one of our third party couriers.
d. Obv uses Shopify Payments (http://www.eway.com.au/) to provide the payment services for the Website. For more information on Shopify Payment's security processes, please visit their website athttp://www.eway.com.au/developers/about/technology.
e. We accept Online Payment via Shopify Payments using VISA and MasterCard.
f. The credit card holder must be either the billing or shipping recipient.
g. If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted Order from your nominated credit card account.
h. If we are unable to successfully process your credit card for your Order that is accepted by us, then we may cancel your Order.
i. You must not pay, or attempt to pay, for Orders through any fraudulent or unlawful means.
j. We will provide you with a receipt at time of confirmation of the Order (in respect of Online Payments) which specifies the total fees and charges for the products and services in your Order.
k. The specific terms and conditions of supply for your Order will be displayed prior to you confirming your Order. Confirmation of any Order indicates your acceptance of those terms and conditions of supply, which will upon confirmation of the Order be incorporated into these Terms in respect of that Order.
5. Risk and title
a. Where an Order is delivered to you using one of our third party couriers, then:
6. Refunds and Returns
a. Obv does not accept change of mind returns on Obv products.
b. In accordance with your rights under the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL), if an item has a major or serious problem, you are entitled to choose a refund, or exchange, or ask for compensation for any drop in the value of the item, provided you present proof of purchase. An item has a major problem when:
- a reasonable consumer would not have bought the goods if they had known about the problem;
- the goods are significantly different from the description, sample or demonstration model shown;
- the item is substantially unfit for their normal purpose and cannot easily be made fit within a reasonable time; or
- the item is unsafe.
c. Please contact us if you would like to return an item in accordance with clause 6.b.
d. Obv will refund the postage costs for any item deemed faulty, provided you authorise your return with Obv.
7. Access and communication
a. Subject to the consumer guarantees provided for in the ACL, Obv does not warrant that you will have continuous access to the Website.
b. Obv will not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.
c. Obv does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
d.Whilst Obv takes reasonable precautions to protect information transmitted via the Website, Obv cannot and does not guarantee the security or confidentiality of these communications or the security of the Website.
e.Obv does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
a.Any personal information submitted by you (whether personal information of you or another person from who you have the necessary consents to provide that personal information as contemplated in clause 9.2) to Obv will be used for the purposes contemplated by these Terms, including but not limited to:
- processing your payments for purchasing any products;
- providing you with goods and services you have purchased; and/or
- providing direct marketing communications to you when you sign up to receive email updates from Obv.
b. If you are submitting to the Website, including in the course of making any Order, the personal information of any other person, you warrant that the person is aware of and has consented to the use of their personal information in accordance with these Terms.
c.You agree that, by submitting your payment and confirming your Order via the Website, you have read and understand these Terms and consent to these requirements.
We have used our best endeavours to ensure all information, graphics, audio and video and other items appearing on this site (Content) are correct and up-to-date at the time of publication. Obv does not represent or warrant the accuracy or completeness of the Content and is not for any errors, omissions or defects. Depending on the resolution of the screen you use to access the Website, the colours of products as displayed on this Website may not constitute an accurate depiction of the true colour of the item. Certain laws, including the Competition and Consumer Act 2010 (Cth), can imply warranties or conditions, or impose obligations on Obv that we exclude, restrict or modify, or that we can only exclude, restrict or modify to a limited extent. Where these laws apply, to the extent to which Obv is able to do so, our liability will be limited to the resupplying of the Content.
10. Warranties, consumer guarantees and limitation of liability
a.Subject to clause 11.2, any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
b. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement.
c. To the fullest extent permitted by law, the liability of Obv for a breach of a non-excludable guarantee referred to in clause 11.2 is limited, at Obv's option, to, in the case of goods supplied or offered by us, any one or more of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired.
d. Obv will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, the Obv Content, all links to or from the Website or the goods and services advertised or referred to on the Website.
e. Subject to this clause 11, the maximum aggregate liability of Obv for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.
12. Third party sites
13. Intellectual Property
a. The Website is owned and operated by or on behalf of Obv. The Obv Content on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence.
b.All Content contained on this Website is protected by Australian and international copyright laws, unless indicated otherwise on this Website.
c.You may view this Website and the Content using your web browser and/or smartphone and save an electronic copy, or print out a copy of the Content or parts of this site for your own information, research or study. If you do, you must: (a) not change the Content from how it appears on this site unless authorised by Obv and then only according the conditions as stipulated by Obv; and (b) include the copyright notice "© Obv 2018" on the copy.
d. You must not reproduce, frame, transmit (including broadcast), adapt, link to or use any of the Content on this Website, except as allowed by this site or as agreed by Obv in writing.
e. This Website contains registered trademarks that are, unless shown otherwise, owned by Obv and are protected under the laws of Australia and other countries. You must not use Obv's trademarks, except: (a) by saving or printing out a copy of this Website as allowed under the copyright notice set out above; (b) as part of a legitimate reference to Obv or an Obv product or (c) with Obv's prior written consent.
f. The use of any trademarks on this Website that are not owned by Obv is not intended to indicate any association with, or endorsement by, the owner of that trademark.
13. Prohibited uses
a.You agree that in accessing and using the Website, you will not engage or attempt to engage in any activities that: download (other than page caching) or modify the Website or any portion of the Website;
- impersonate or falsely claim to represent a person or organisation;
- are commercial, including selling, marketing, advertising or promoting goods or services;
- frame the Website without Obv's express written permission;
- post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
- post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate.
You will fully indemnify Obv in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following: any breach of these Terms by you; your use of the Website or the Obv Content; or your communications with Obv.
15. Termination of your access to the Website
Obv may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
16. Applicable law and international use
a. By accessing the Website you accept that any disputes about this Website or its Content are to be determined by the courts having jurisdiction in the State of Victoria, Australia, according to the laws in force in that State and subject to the application of any principle of conflict of laws inconsistent with this requirement.
. As this site can be accessed throughout Australia and overseas, Obv does not represent that the Content complies with the laws of any country outside Australia or that any competition, offering or content accessible through the Website is appropriate or available for use in locations outside Australia. If you access this site from outside Australia, you do so at your own risk and responsibility, and are responsible for making sure you comply with all applicable laws in the place you are located. You are not authorised to access the Website from any location where doing so would be illegal.
c. You understand that some countries have import restrictions on certain goods or materials. If you are outside Australia you will become the importer and will be liable to pay local taxes or duties, and you will assume all liability under any customs or import laws and regulations.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
18. Contacting Obv
If you have questions about the Website or these Terms, please contact us here.
Last updated: March 2019