Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR APP.

Welcome to our website. If you continue to browse and use the services of this website and our app you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Ooder’s relationship with you in relation to your use of this website and app.

By using this website and app, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Ooder and “You” and “Your” refers to you, the client, visitor, website/app user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Ooder’s rights and obligations to each other.

USER ACCOUNTS

You can create an account and provide certain information about your products and business in order to use some of the features that are offered through Ooder. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

Your account is for your commercial use only. In creating it, we ask that you provide complete and accurate information about your business to bolster your credibility as a user of Ooder. You may not impersonate someone else, create or use an account for anyone other than yourself or your business, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, or use the same account information on other sites.

By creating an account and join our platform, you agree to receive certain communications in connection with our service. You can opt-out of non-essential communications at any time.

CONTENT

"Content" means product information, text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with Ooder, such as product information, prices, company logos, ratings, reviews, compliments, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Site.

You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that reveals details about your business. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Ooder.

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose.

Ooder may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. User Content does not necessarily reflect the opinion of Ooder. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove product information if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our service that you agree and accept that Ooder is not legally responsible for any loss or damage you might suffer related to your use of the service, whether from errors or from omissions in our documents or information, any goods or services we or others may offer on our site, or from any other use of the service. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on Ooder’s applications is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Ooder does not assume any liability for any breach of a term of this agreement.

You must be over 18 years of age to use this website/app and to offer or order any goods or services.

LINKS TO OTHER WEBSITES

Ooder provides on its website links to other websites, advertisements and information on those websites. This does not necessarily imply sponsorship, endorsement, or approval or arrangement Ooder and the owners of those websites. Ooder takes no responsibility for any of the content found on the linked websites.

Ooder’s website and app may contain information or advertisements provided by third parties for which Ooder accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, Ooder absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Ooder gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website and app or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website and app, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information on the website and app or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Ooder to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website and app or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At Ooder, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. Ooder respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. Our secure servers protect all information we receive from our customers. Ooder’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data Ooder collects is secured against unauthorized use or access.

THIRD PARTIES

Ooder does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and app and our services but not for any other use.

DISCLOSE YOUR INFORMATION

Ooder may be required, in certain circumstances, to disclose information in good faith and where Ooder is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them to users, whether they be business users or domestic users, then you are a competitor of Ooder. Ooder expressly excludes and does not permit you to use or access our website and app, to download any documents or information from its website and app or obtain any such documents or information through a third party. If you breach this term then Ooder will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Ooder reserves the right to exclude and deny any person and business access to our website and app, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website and app contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or product information that may be available for download from time to time on this website.

Ooder expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and Ooder concerning your use and access to Ooder’s website and app and your use and access to the documents and information on them. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

USERS

By using our website and app, you acknowledge that the suppliers offering products through Ooder are third party advertisers and we do not have any connection with them. We do not recommend, endorse or promote them, nor do they have any affiliation with Ooder. Ooder is merely a conduit as provider for a variety of services and does not have any association beyond this.

Ooder does not make any representation as to the accuracy or suitability of any of the information contained in product catalogues, advertisements and other communication and does not accept any responsibility or liability for the conduct or content and the offers made by these third parties. Whilst we take reasonable care to monitor our website and app, we do not undertake any liability or obligation with regard to their content and you therefore use them and our services at your own risk.

Ooder is not responsible for any loss, damage or issues you may have with the advertisers on our platform and cannot be held responsible for any direct or indirect loss you may suffer as a result of using their products or services. We also cannot confirm that the information of any of the third party advertisers is accurate or up-to-date.

SUPPLIERS

These Terms of Use (‘Terms’) apply to all Suppliers on this website. Although we will make every effort to contact you with respect to any substantive changes with respect to these Terms, we reserve the right to modify and update these Terms at any time, without notice. Please ensure that you review the Terms from time to time. In using our website and services, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our website from time to time. If you do not accept these Terms, we cannot accept your listing.

DEFINITIONS

“Supplier” means a member advertiser who offers their Products and Services through the website and app.

“Content” means any and all material, links, words and images, including but not limited to any goods and Services the Supplier submits, advertises or links to the website.

“Services” includes any offer, deal, voucher, service, products or other arrangement provided by any Supplier.

“the website” and “app” means Ooder.com.au and the Ooder app.

“We”, “our” and “us” means Ooder.

“You”, "your" means the Supplier using our website, app and any associated services and by doing so, agree to these Terms.

REGISTRATION TERMS

We will register you on our website, app and associated services, in good faith. However, it is your responsibility to ensure that these details are correct and up-to-date.

By submitting any Content to the website and app, either directly or indirectly, you represent that you have the ownership rights and title to this information and material, and have the right to present and publish it. You also represent that you are not breaching any regulations, restrictions or third party rights. You also agree to ensure that your Content is accurate and up-to-date at all times. You agree you will not post any false or misleading descriptions, articles, services, photos or anything that may not be clear and accurate to any visitor to the website or app.

AGREEMENT FOR SUPPLIER INFORMATION

To be eligible to register on our website and app service, you agree to the following:

You warrant that:

You acknowledge and agree:

We will do our best endeavours to ensure the website is always available but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the website becomes unavailable for any lengthy and unusual time period. We make no warranty that the website and app services will meet your requirements or be available on an uninterrupted, secure or error-free basis.

You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website or app.

CANCELLATION AND TERMINATION

We have the right to terminate your account, registration and information on our website and app if we believe you are in breach of these Terms, at any time. In the event that your account is pending suspension or termination, we will provide you with notice by contacting you at the email address you have provided, and you may raise an objection to suspension or termination directly with us. Any objection will be considered, however, you agree that the outcome and resolution of any objection will be at our sole discretion. In addition to this, any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

If we have reasonable grounds to suspect the information you provide on your or our website is untrue, inaccurate or incomplete, or that you have breached any Terms of Use, if your content is offensive, or for any other reason including if, in our opinion, you have breached the purpose of our website, at our sole discretion we have the right to immediately withdraw your information links and terminate your account. We may also deny the use of our website and services to you in the future and are not obligated to allow you access at anytime in the future in the event of any breach.

Upon such termination, regardless of the reasons, your right to use the website and app immediately ceases and you acknowledge and agree we may immediately terminate your account and all related information and files. We are not obligated to return any files or Content to you.

We may also bar you from any further access to our website and app. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We may, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s intellectual property or these Terms.

MODIFICATION OF WEBSITE, APP AND CONTENT

We reserve the right at any time and from time to time to remove, delete, alter or amend any Content or the website or app. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time. We shall not be liable to you or any third party for any modification when it is required.

We reserve the right to disclose your name and any other personal details of any Supplier to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms of Use.

LIABILITY

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from any use of our website and app. You acknowledge, agree and undertake that you shall be the legally responsible party for any Content placed by you in respect of any legal proceedings of any competent jurisdiction worldwide and you agree and undertake to indemnify us and keep us at all times fully indemnified from and against any claims, demands, costs, damages or awards whatsoever arising directly or indirectly as a result of any content placed by you on Ooder.

In addition, you agree to fully indemnify us for any and all claims by your customers or any third party which may result from your information on Ooder, Content or link on the website and app or any business you conduct with any customer. We are not responsible for your Content nor for your breach of any third party rights. We are also not responsible for any claim by any third party which may be a result of your links, material or Content on your website, business or otherwise. You agree you will fully indemnify us and, wherever possible, take over and manage any claim which may result from any one of your customers whether direct or indirect.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of Ooder.

All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or our name or any of our Suppliers.

You are solely responsible for obtaining written permission before reusing any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

GOVERNING LAW

These Terms of Use are governed by the laws of Victoria which are in force from time to time and both you and we agree to submit to the non-exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms of Use.

JURISDICTION

This agreement and this website are subject to the laws of VIC and Australia. If there is a dispute between you and Ooder that results in litigation then you must submit to the jurisdiction of the courts of VIC.