Terms of Service
Terms of Service
This website is operated by Ocean Eyes Mask. We are a registered business in Australia, operating under the ABN: 15893648960.
Throughout the site, the terms “we”, “us” and “our” refer to Ocean Eyes Mask . Ocean Eyes Mask offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - COMPLIANCE OF TERMS
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
SECTION 2 - CHANGES TO THESE TERMS
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website without notice at any time. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. Any new features or tools which are added to the current store shall also be subject to the Terms of Service.
SECTION 3 - GENERAL CONDITIONS
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 - ORDERING
By placing an order on our Site, you are making an offer to enter into an agreement to purchase the product(s) in that order. Orders will be deemed received by us at the time and you will receive an order confirmation via your nominated email address. It is your responsibility to ensure that the correct email address and contact details are entered with your order. By placing your order, you will be bound by these terms.
All prices shown on this Site are in (AUD) Australian Dollars and are inclusive of GST.
SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain health-related information. Health-related information is based on the information provided by our Suppliers, and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 6 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 7 - MODIFICATIONS TO THE SERVICE, PRODUCTS AND PRICING
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our products.
We reserve the right to limit the quantities of any products or services that we offer. Any offer for any product or service made on this site is void where prohibited.
SECTION 8 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 9 - CHANGES TO YOUR ORDER/S
We reserve the right, but are not obligated, to refuse an order, or limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
SECTION 10 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 11 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 12 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. You confirm that you have read and agreed to our Privacy Policy which forms part of these Terms.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- (f) to submit false or misleading information;
- (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- (h) to collect or track the personal information of others;
- (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
- (j) for any obscene or immoral purpose; or
- (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY
To the fullest extent permissible by law, Ocean Eyes Mask will not under any circumstances be liable to you for any direct, indirect, incidental, punitive or consequential losses or damages to any client, supplier, person or property arising from the use of our Site, services, or products.
You expressly agree that your use of, or inability to use, the service is at your sole risk. We will not be liable to you for indirect and consequential loss or damage (including without limitation, loss of profits, sales or revenue, commercial or economic loss of any kind, loss of goodwill or reputation, or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or associated with our Site or our Products.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You acknowledge that the content on our Site is provided for general information only and is not intended to be advice that you should rely on. Whilst we will in good faith make reasonable efforts to provide you with accurate and updated information on our Site, there may be instances where inaccuracies and disparities may occur. Ocean Eyes Mask will not be liable for any errors or differences in our product details, images, prices, or promotional information on our Site.
The limitations of liability set out above will not apply to any claim that is the consequence of deception, dishonesty, wilful falsification or deliberate concealment by or on behalf of Ocean Eyes Mask.
SECTION 15 - FORCE MAJEURE
Ocean Eyes Mask will not be liable for failures to perform its obligations arising from any cause beyond its reasonable control, including without limitation, accidents, fires, floods, storms, machinery malfunctions and breakdowns, strikes, supply shortages, lockouts, epidemics, pandemics, government restrictions, wars, terrorist acts, or riots.
SECTION 16 - TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - GOVERNING LAW
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
SECTION 18 - COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
You acknowledge that copyright and intellectual property rights protect the material on this Site. Unless otherwise noted, all materials including but without limitation; logos, images, text, brand names, product names, designs, graphics and other materials that appear as part of our Site are copyrights and intellectual property whether registered or unregistered, owned, licensed and controlled by Ocean Eyes Mask.
Ocean Eyes Mask will reserve the right at all times to protect its intellectual property rights to the fullest extent of the law. Such material must not be copied, republished, plagiarised, amended, modified or embedded onto another site or platform in any way without proper acknowledgement and prior explicit written consent of the Intellectual Property owner.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@oceaneyesmask.com.au