These Conditions of Use (“Terms”) govern the access or use by you, an individual, from within any country in the world of our websites (the “Site ”) made available by Ozy Online
1. Who we are
Ozy Online is an online platform to sell community and small business products in Australia.
2. What we do
Ozy Online provides an online platform through https://ozyonline.com.au that connects vendors within different Communities who have different type of merchandises available for purchase to Buyers seeking to purchase such items (collectively, the "Services"), which Services are accessible at https://ozyonline.com.au and any other websites Ozy Online makes the Services available (collectively, the "Site")
In some cases, Ozy Online helps to organise the delivery or logistics associated with such an arrangement between Buyer and vendor. We may also act as the limited payment collection agent of each vendor for accepting payments from Buyers on behalf of the Vendor.
Ozy Online cannot and does not control the content contained in any Vendor’s listing menu and the condition, legality or suitability of any item, the sale of which is facilitated by Ozy Online. Ozy Online is not responsible for and disclaims any and all liability related to any and all items sold. Any item sold or purchased will be made or accepted at the buyers/member's own risk.
You understand and agree that Ozy Online is not a party to any agreements entered between Vendor and Buyers. Ozy Online has no control over the conduct of Vendors, Buyers and other users of the Site or any item, and disclaims all liability in this regard to the maximum extent permitted by law.
3. Customer Pricing and Availability
All Prices are inclusive of GST if applicable.
We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail or by message or other means of comunication to you as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.
Despite our best efforts, a small number of the items in our catalogue may be mispriced. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before shipping to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.
4. Compliance with local laws
Vendors should understand how the laws work in their respective jurisdictions. Some jurisdictions have laws that restrict their ability to sell certain types of items to Buyers. These laws are often part of a state’s laws or regulations. In some states, Vendors must register, get a permit, or obtain a license before making any sales to the Buyers. State and local governments vary greatly in how they enforce these laws. Penalties may include fines. Vendors must review and comply with all local laws before listing on Ozy Online. While in no way diminishing the Vendors’ responsibilities under this clause, or giving rise to any positive obligation on the part of Ozy Online, Ozy Online may, in its absolute discretion, provide the Vendor’s details to any government regulatory authority to assist with the Vendor’s compliance obligations generally.
When ordering products that are to be shipped from outside of Australia, you may be subject to import duties and taxes, which are levied once the package reaches Australia. Any additional charges for customs clearance must be borne by either the Vendor who sells the product or the Customer who buys the product. Customs policies vary widely from country to country. Time to time, we will try our best to list only the products that do not have any such variation and charges but as the policies change time to time, we have no control over these charges. In case of any doubt on the products listed, you should contact your local customs office for further information. Additionally, please note that when ordering from Ozy Online if the products are from outside of Australia, you are considered the importer of record and must comply with all laws and regulations of the country. Your privacy is important to us and we would like our customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
6. TERMS OF SERVICE
Your access and use of the Site constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Ozy Online. If you do not agree to these Terms, you must not access or use the Site. These Terms expressly supersede prior agreements or arrangements with you. Ozy Online may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Site or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable services.
Ozy Online may amend the Terms related to the Services from time to time. Amendments will be effective upon Ozy Online'S posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.
The content that you share with other users is neither private nor confidential and you should not have any expectation of privacy with respect to it. Information you upload will be posted along with other personal information. You must exercise caution and common sense when submitting and disclosing information. At the very least you should demonstrate the same degree of caution when publishing personal information by means other than the Internet and cellular services.
In particular, Members may choose to share personal information such as name, age, gender, their location information, appearance, messages, background personal information. This information may also be shared via third party services (such as social networks) which interact with the Site .
By creating an account in Ozy Online, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages at any time. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Ozy Online reserves the right, at its sole discretion, to modify the Site or to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms.
By continuing to access or use the Site or utilising the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you must cease using the Site.
The Site is intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
10. Account Registration
In order to access certain features of the Site, and to order or sell items, you must register to create an account ("Ozy Online") and become a Member. You may register to join as a Member directly via the Site or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook, Google; each such account, a "Third-Party Account"), via our Site, as described below. As part of the functionality of the Site, you may link your Ozy Online Account with Third-Party Accounts, by either:
(i) Providing your Third-Party Account login information to Ozy Online through the Site, Services; or
(ii) Allowing Ozy Online to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent that you are entitled to disclose your Third-Party Account login information to Ozy Online and/or grant Ozy Online access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Ozy Online to pay any fees or making Ozy Online subject to any usage limitations imposed by such third-party service providers.
By granting Ozy Online access to any Third-Party Accounts, you understand that Ozy Online will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site via your Ozy Online Account and Ozy Online Account profile page.
All SNS Content, if any, will be considered to be Member Content for all purposes of these Terms.
Your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers.
Ozy Online is not responsible for any SNS Content.
11. Account information
Your Ozy Online Account and your Ozy Online Account profile page will be created for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Ozy Online Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Ozy Online reserves the right to suspend or terminate your Ozy Online Account and your access to the Site if you create more than one (1) Ozy Online Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Ozy Online Account, whether or not you have authorised such activities or actions. You will immediately notify Ozy Online of any unauthorised use of your Ozy Online Account.
13. Posting to the Site
You understand and agree that once a Buyer requests an order from your list, you may not request the Buyer to pay a higher price than in the purchase request.
You acknowledge and agree that you alone are responsible for any and all the items and Member Content you post. Accordingly, you represent and warrant that any items you post will (i) be in compliance with all applicable laws,Tax requirements, and rules and regulations that may apply to any item you post (including having all required permits, licenses and registrations), and (ii) not conflict with the rights of third parties (for example the Intellectual Property or items of an existing business).
Ozy Online assumes no responsibility for a Vendor’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Ozy Online reserves the right, at any time and without prior notice, to remove or disable access to any item for any reason, including any item that Ozy Online, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Ozy Online's then-current Policies and Community Guidelines, or otherwise harmful to the Site or provision of the Services.
If you are a Vendor, you understand and agree that Ozy Online does not act as an insurer or as your contracting agent. If a Buyer requests an order from your List and purchases your item, any agreement or transaction you enter into with such Buyer is between you and the Buyer and Ozy Online is not a party to it. Notwithstanding the foregoing, Ozy Online serves as the limited authorised payment collection agent of the vendor for the purpose of accepting, on behalf of the Vendor, payments from Buyers of such amounts stipulated by the Vendor (including delivery or other fees and/or Taxes).
If you are a Vendor, Ozy Online makes certain tools available to you to help you to make informed decisions about which Members you choose to accept orders from for your list. You acknowledge and agree that, as a Vendor, you are responsible for your own acts and omissions, and your own decisions about acceptance, or otherwise, of Buyer orders.
Ozy Online recommends that Vendors obtain appropriate insurance for selling items from their list. Please review any insurance policy that you may have for your list carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Buyers.
15. No Endorsement
Ozy Online does not endorse any Member or any Menu. No reference or description on the Site is an endorsement, certification or guarantee by Ozy Online about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. We recommend that you always exercise due diligence and care when deciding whether to order food from a Menu or to have any other interaction with any other Member.
Buyers and Vendors will be asked to rate Members. Members must be honest and accurate in their appraisals. No Member rating is an endorsement, certification or guarantee by Ozy Online about any Member.
Ozy Online may also upload icons and display those icons on lists or Member profiles. The icons indicate that Members have performed services in accordance with criteria. predetermined by Ozy Online. The notation is merely an indication that the prescribed criteria has been met and is not an endorsement, certification or guarantee by Ozy Online about any Member.
16. Claims against other members
By using the Site, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Member/s or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy on Ozy Online with respect to such acts or omissions. This limitation shall not apply to any claim by a Maker against Ozy Online regarding the remittance of payments received from a Buyer by Ozy Online on behalf of a Vendor, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
17. Payments to OZY ONLINE (Charges)
In consideration for the use of the Site and utilisation of the Services, Ozy Online charges fees to Vendors and Buyers (“Charges”). As part of the registration process Vendors and Buyers will be notified of the Charges. Where applicable, Taxes may also be charged in respect of the Charges.
Ozy Online shall deduct Charges due by the Vendors from the payments of services from the Buyer. Balances will be remitted by Ozy Online to Vendors via cheque, PayPal, direct deposit or other payment methods.
As between you and Ozy Online, Ozy Online reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Ozy Online’s sole discretion. We will notify you of all changes.
Ozy Online may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
18. VENDOR’s RESPONSIBILITIES
As a Vendor, you are responsible for all aspects of items listing, health and safety compliance, certifications, compliance with laws, customer service and service delivery. You acknowledge and agree that, as a Vendor, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who may assist any other way that arises out of or relates to the use of this Site or the supply of services.
As a vendor listing your products in Ozy Online, you are responsible for the quality of products and their compliances with all the Federal and State Laws which includes Consumer Rights. Your product price should include GST and you are responsible for GST to the ATO if applicable.
Both Buyers and Vendor agree to cooperate with and assist Ozy Online in good faith, and to provide Ozy Online with such information and take such actions as may be reasonably requested by Ozy Online, in connection with any complaints or claims made by Members relating to the provision of the Vendor’s services.
In the case of any disputes and in case you as a Vendor are not able to follow our terms and decision on the disputes, we will have to suspend your account and your use of our services. We will try our best to prompty pass on the information to you and try solve the issues liasing with the parties involved and you. In the event of an outcome that affects our customer satisfaction, we may have to terminate your listing in our website.
19. VENDOR Payment (Service Fees)
If you order through the Site you are required to immediately pay the agreed fees of the services provided by the Vendor (“Service Fees”). After you have ordered services or goods obtained through your use of the Site Ozy Online will facilitate your payment of the Service Fees on behalf of the Maker as the Maker’s limited payment collection agent. Service Fees will be inclusive of applicable taxes where required by law. Service Fees paid by you are final and non-refundable, unless otherwise determined by Ozy Online.
All Service Fees will be processed by Ozy Online using the preferred payment method designated in your Ozy Online Account, after which Ozy Online will send you a receipt by email. If your primary Ozy Online Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Ozy Online may, as the Maker’s limited payment collection agent, use a secondary payment method in your Ozy Online Account, if available.
20. VENDOR Payment Cancellations and Refunds
Our cancellation and returns policies apply in addition to other rights and remedies a person may have under law including under the Australian Consumer Law.
Ozy Online forwards Vendors their Service Fees in the period as agreed or monthly if applicable. Customers and their satisfaction are our primary responsibility and we will ensure the delivery of purchased product happen before we transfer thier fees to the Vendors. Refunds to Buyers will be at the discretion of Ozy Online who is responsible in its capacity as the Vendor’s limited payment collection agent for all refunds to cardholders. In the event Ozy Online determines at its sole discretion that a refund is necessary, Ozy Online reserves the right to deduct funds from the Service Fees due to Vendors on the next transfer date.
Some Vendors may pledge to donate a portion of the funds they receive from confirmed orders made via the Site to a particular cause or charity. Ozy Online does not take any responsibility or liability for whether the Vendor does in fact make the donation he or she pledged to make. In such cases, the Vendor in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
22. Member Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site , you hereby grant to Ozy Online a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site . Ozy Online does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site or you have all rights, licenses, consents and releases that are necessary to grant to Ozy Online the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Ozy Online' use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
23. MEMBER Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site and Collective Content. In connection with your use of the Site and Collective Content, you may not and you agree that you will not:
(a) Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
(b) Use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site or Collective Content;
(d) Use the Site or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
(e) Copy, store or otherwise access or use any information contained on the Site or Collective Content for purposes not expressly permitted by these Terms;
(f) Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(g) Interfere with or damage our Site including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(h) Use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(i) Use our Site or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
(j) "stalk" or harass any other user of our Site or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Ozy Online Vendor or Buyer;
(k) Offer, as a Vendor, any goods or services that you do not yourself own, create or have permission to create;
(l) Register for more than one Ozy Online Account or register for an Ozy Online Account on behalf of an individual other than yourself;
(m) Contact a Vendor or Buyer for any purpose other than asking a question related to transacting on Ozy Online or use of the Site;
(n) Recruit or otherwise solicit any Vendor or other Member to join third-party services or websites that are competitive to Ozy Online, without Ozy Online' prior written approval;
(o) Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(p) Use automated scripts to collect information from or otherwise interact with the Site or Collective Content;
(q) Use the Site or Collective Content to find a Vendor or Buyer and then complete a transaction independent of the Site in order to circumvent the obligation to pay any Service Fees related to Ozy Online' provision of the Services or for any other reasons;
(r) As a Vendor, submit any list with false or misleading price information, or submit any list with a price that you do not intend to honour;
(s) Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
(t) Systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
(u) Use, display, mirror or frame the Site or Collective Content, or any individual element within the Site or Collective Content, Ozy Online' name, any Ozy Online trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site without Ozy Online' express written consent;
(v) Access, tamper with, or use non-public areas of the Site, Ozy Online' computer systems, or the technical delivery systems of Ozy Online' providers;
(w) Attempt to probe, scan, or test the vulnerability of any Ozy Online system or network or breach any security or authentication measures;
(x) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Ozy Online or any of Ozy Online' providers or any other third party (including another user) to protect the Site, Services or Collective Content;
(y) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
(z) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content;
(aa) Advocate, encourage, or assist any third party in doing any of the foregoing; or
(bb) Accept or make a payment outside of Ozy Online. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Ozy Online harmless from any liability for such payment.
Ozy Online has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
You acknowledge that Ozy Online has no obligation to monitor your access to or use of the Site or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Ozy Online reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Ozy Online, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
The Site and Collective Content are protected by copyright, trademark, and other laws of Australia. You acknowledge and agree that the Site and Collective Content, including all associated intellectual property rights, are the exclusive property of Ozy Online and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, or Collective Content.
Subject to your compliance with these Terms, Ozy Online grants you:
a) A limited non-exclusive, non-transferable license to use the site solely for your own personal use; and
b) A limited, non-exclusive, non-transferable license, to
a. Access and view any Ozy Online Content solely for your personal and non-commercial purposes; and
b. Access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes.
You have no right to sublicense the license rights granted in this section.
It is an essential term of the license that you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Ozy Online or its licensors, except for the licenses and rights expressly granted in these Terms.
The Site may contain links to third-party websites or resources. You acknowledge and agree that Ozy Online is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Ozy Online of such websites or resources or the content, products, opinions or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Ozy Online and you hereby irrevocably assign to Ozy Online all of your rights, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Ozy Online' request and expense, you will execute documents and take such further acts as Ozy Online may reasonably request to assist Ozy Online to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
28. Copyright Policy
Ozy Online respects copyright law and expects its users to do the same. It is Ozy Online' policy to terminate in appropriate circumstances the Ozy Online Accounts of Members or other account holders who infringe or are believed to be infringing the rights of copyright holders.
29. Suspension, Termination and Ozy Online Account Cancellation
We may, in our discretion and without liability to you, with reasonable cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Ozy Online Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Ozy Online Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site , your Ozy Online Account, your Member Content, or receive assistance from Ozy Online Customer Service, (b) any pending or accepted future orders as either Maker or Buyer will be immediately terminated, (c) we may communicate to your Buyers or Makers that a potential or confirmed order has been cancelled, (d) we may refund your Buyers in full for any and all confirmed orders, irrespective of pre-existing cancellation policies, (e) we may contact your Buyers to inform them about potential alternate items with other Vendors that may be available on the Site , and (f) you will not be entitled to any compensation for orders (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Ozy Online Account. You may cancel your Ozy Online Account at any time by sending us an email. Please note that if your Ozy Online Account is cancelled, we do not have an obligation to delete or return to you any content you have posted to the Site, including, but not limited to, any reviews or Feedback.
If you choose to use the Site or Collective Content, you do so at your sole risk. You acknowledge and agree that Ozy Online does not have an obligation to conduct background checks on any Member but may conduct such background checks in its sole discretion. The Site and Collective Content are provided "as is", without warranty of any kind. Ozy Online makes no warranty that the Site, Collective Content, including, but not limited to, the list of items, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Ozy Online makes no warranty regarding the quality of any items, Vendors, Buyers, the Services or Collective Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Collective Content obtained through the Site.
No advice or information, whether oral or written, obtained from Ozy Online or through the Site or Collective Content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the site including, but not limited to, any Vendoers or Buyers. Ozy Online makes no representations or warranties as to the conduct of users of the Site or Services or their compatibility with any current or future users of the Site or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site including, but not limited to, Buyers and Vendors, particularly if you decide to meet offline or in person regardless of whether such meetings are organised by Ozy Online. Notwithstanding Ozy Online' appointment as the limited payment collection agent of the Vendors for the purpose of accepting payments from Buyers on behalf of the Vendors, Ozy Online explicitly disclaims all liability for any act or omission of any Vendor, Buyer or other third party.
31. Limitation of Liability
Ozy Online will not be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, the delivery of the services by the Vendors (or failure to deliver the services), from the use of or inability to use the Site or Collective Content, from any communications, interactions or meetings with other users of the Site or services or other persons with whom you communicate or interact as a result of your use of the Site , or from your list of items or ordering of any item via the Site , whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Ozy Online has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Except for our obligations to pay amounts to applicable Vendor’s pursuant to these terms, in no event will Ozy Online' aggregate liability arising out of or in connection with these terms and your use of the Site including, but not limited to, from your list of items or ordering of any item via the Site or from the use of or inability to use the Site or Collective Content and in connection with any orders or interactions with any other Members, exceed the amounts you have paid or owe for goods or services via the Site as a Buyer in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Vendor, the amounts paid by Ozy Online to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred Australian dollars (AUD$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Ozy Online and you.
You agree to release, defend, indemnify, and hold Ozy Online and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site , or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) ordering from any list of items, or (iii) creation of a list; (d) the consumption of any food by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of your ordering or consumption of any food.
33. Reporting Misconduct
If you become aware of a Member wrongfully utilising the Site or breaching any of these Terms, you are requested to immediately report such conduct to Ozy Online.
34. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Ozy Online and you regarding the Site, Collective Content, and any orders from items made via the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Ozy Online and you regarding orders from list of items made via the Site and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Ozy Online' prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Ozy Online may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Ozy Online (i) via email (in each case to the address that you provide) or (ii) by posting to the Site . For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
37. Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of New South Wales and Australia. You and we agree to submit to the jurisdiction of the courts of that State and country.
38. Dispute Resolution
Claims between Members
Ozy Online may, but is not obliged to investigate claims by Members in relation to the provision of services by Vendors to Buyers.
All claims by or between Members are personal to those Members and Ozy Online is released and discharged from all claims and liabilities in relation to such claims.
Claims between Ozy Online and Members
You and Ozy Online agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, (collectively, "Disputes") will initially be subject to mediation, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
The failure of Ozy Online to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Ozy Online. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
40. Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
Nothing contained in these Terms shall constitute the relationship of partnership, joint venture, principal and agent or employer and employee between any of the parties. Save as expressly permitted under these Terms, no party may act nor has the authority to act as agent of, or to bind any other party to any obligation and no party shall hold itself out as being the agent of the other party or as having the authority to bind the other party
42. Contacting Ozy Online
If you have any questions about these Terms please contact Ozy Online.
43. Key Terms
"Ozy Online Content" means all Content that Ozy Online makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
"Collective Content" means Member Content and Ozy Online Content.
"Content" means text, graphics, images, music, software, audio, video, information or other materials.
"Buyer" means a Member who requests from a Vendor any order of item via the Site or Services.
"Vendor" means a Member who lists the items/products via the Site. Every Vendor is an independent entity offering their own items/products on the Site and as such are defined as independent Third Party Providers.
"List" means one or more items or products that is listed by a Vendor as available for order via the Site and Services by interested Buyers.
"Member" means a person who completes Ozy Online's account registration process, including but not limited to Vendors and Buyers, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Lists or Member profile to be made available through the Site or Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), that Vendors and sellers of any product or item may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.