TERMS AND CONDITIONS

GENERAL
These terms apply to both browsing our site and purchasing goods and/or services from our website https://ozpinadigital.com.

In these terms and conditions, the expressions “we”, “us” and “our” refer to OZPINA DIGITAL.

The use of the site is governed by the policies, terms and conditions set forth below (‘Agreement‘). Please read them carefully. Your use of the site indicates your acceptance of the Agreement. If you do not agree to any terms and conditions of this Agreement, you should not use the site. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us.

By registering an account on the site you grant us the right to retain the information you provide on our customer database and use that information (including Personal Information as defined below) for purposes associated with our business, including marketing our other products and those of our related entities and affiliates. You can easily remove your information from the customer database by logging into your account and deleting it.

The security of the information provided by you on the site is important to us and we will take reasonable technical and organizational precautions to prevent the loss, misuse or interference, and from unauthorized access, modification or disclosure of your Personal Information. See our Privacy Policy, which is incorporated into this Agreement, for more information about how we deal with your Personal Information.We reserve the right to amend the site and the Agreement at any time.

Amendments will be effective immediately upon notification on the site [excluding current orders]. Your continued use of the site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

INTERPRETATIONS
In these Website Terms of Use, the following rules of interpretation apply:

• headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;

• these Website Terms of Use may not be construed adversely against the Proprietor solely because the Proprietor prepared them;

• the singular includes the plural and vice-versa;

• a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and

• the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.

SITE TERMS

If you are browsing the site, these terms apply.

COOKIES
This site uses “cookies” to help personalize your online experience. A cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used at this site: a persistent cookie and a session cookie. A persistent cookie is entered by your web browser into the “Cookies” folder on your computer and remains in that folder after you close your browser, and may be used by your browser on subsequent visits to this site. A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut down your computer. Cookies cannot be used to run programs. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store personal information about you. The Proprietor extends the same privacy protection to your personal information, whether gathered via cookies or from other sources.

You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this site.

CHANGES TO THE WEBSITE
We aim to provide our users with the best experience possible when visiting the site.

1. In doing so we may, without notice, change functionalities, including but not limit to, layout, service provider, products, transport companies, pricing etc. at any time.

2. We cannot guarantee that you will be able to access the same functionalities that you may have been able to access on previous visits to the site should these changes be made.

3. We reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the products offered through this site.

COPYRIGHT AND TRADEMARK NOTICE
You acknowledge and agree that nothing in this Agreement transfers or assigns to you any of our intellectual property rights (including copyright, trademarks, patents, and designs).

Unless otherwise specified, all materials appearing on the site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof, are our sole property.

All software used on the site is the sole property of us or our third party software suppliers.

You may use the content of this site only for the purpose of browsing our services or purchasing our services on this site and for no other purpose.

No materials from the site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved.

Any unauthorized use of the materials appearing on the site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

PRICING
Prices are subject to change without notice. Information contained on the site about prices, products, and specifications is believed to be accurate and reliable at the time of publishing but is subject to change without notice. No returns, refunds or credits are available on the price difference.

PROMOTIONS, DISCOUNTS AND VOUCHER REDEMPTION
We may from time to time run promotions, events, competitions, or offer discounts or free items with certain purchases. These will be offered at our absolute discretion and we cannot be held responsible if notifications of such offers are not distributed. Your Personal Information may be used as mentioned above and in accordance with our Privacy Policy to notify you of such offers. You may unsubscribe from receiving such marketing notifications.

CUSTOMER RATINGS AND REVIEWS TERMS OF USE
This Agreement governs your conduct associated with the Customer Ratings and Review service we offer (the “CRR Service”). To the extent of any conflict between our Privacy Policy, and these Terms of Use, these Terms of Use shall apply with respect to the CRR Service.
By submitting any content to the CRR Service, you represent and warrant that:

1. 1. you are the sole author and owner of the intellectual property in the content;
   2. all “moral rights” that you may have in such content have been voluntarily waived by you;
   3. all content that you post is accurate;
   4. you are at least 13 years old; and
   5. use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

1. 1. that is known by you to be false, inaccurate or misleading;
   2. that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
   3. that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
   4. that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
   5. for which you were compensated or granted any consideration by any third party;
   6. that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
   7. that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown (including reasonable legal costs), arising out of your use of the CRR Service or your violation of these Terms of Use, any law or the rights of a third party.

For any content that you submit, you grant us a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at our sole discretion. We do not guarantee that you will be able to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, we reserve the right to remove or to refuse to post any submission for any reason. You acknowledge that you are responsible for the content of your submission. None of the content that you submit shall be subject to any obligation of confidence on our part, or our agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

By submitting your email address in connection with your rating and review, you agree that we (and our third party service providers) may use your email address to contact you about the status of your review and other administrative purposes.

LIMITATION OF LIABILITY

1. 1. The Client agrees and accepts that we are not legally responsible for any loss or damage suffered or incurred related to use of any of our services, whether from amendments, errors or omissions in documents, designs, information or any goods or services we offer. This includes the Clients use or reliance on any third party tools, content, links, comments or advertisements. The Clients use of, or reliance on, any information or materials we produce, amends or designs is entirely at your own risk, for which we shall not be liable.
   2. It shall be the clients own responsibility to ensure that any products, services or information use meets their specific requirements.
   3. The Client acknowledges that such information and materials may contain inaccuracies or errors and expressly exclude our liability for any such inaccuracies or errors to the fullest extent permitted by law.
   4. Subject to paragraph (1), we are not liable for any loss or damage, however, caused (including, but not limited to, our negligence) suffered by you in connection with this Agreement or your use of the site or any website linked to or from the site.
   5. The site may be unavailable from time to time and we cannot guarantee its use without faults, disruptions, or interruptions to the site.
   6. In accepting the terms and conditions of this Agreement, you agree to accept sole responsibility for the legality of your actions during your use of the site under the laws which apply and that we have no responsibility for the legality of your actions.
   7. You agree to indemnify us for all damages, losses, penalties, fines, expenses, and costs (including legal costs) which arise out of, or relate to, your use of the site, any information that you provide to us via the site or any damage that you may cause to the site. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trademark infringement, and breaches of the Competition and Consumer Act 2010 (Cth).

WEBSITE DESIGN

The Client agrees to allow Ozpina Digital to add a small credit on the customer’s website. This will be in the form of a small line of text placed towards the bottom of the page.

The Client also agrees to allow Ozpina Digital to place websites and other designs, along with a link to the Client’s site on the Company’s own website for self-promotional purposes.

CONTENT CREATION AND POPULATION

Ozpina Digital will not be responsible for creating or populating content (e.g., text/Images) into the website unless purchased exclusively otherwise. In which case:

• We will populate the website with content created for the client
• The content/text for the website will be created specifically for the customer’s website.
• Any photographs or images supplied to us MUST be 100% owned by you.
• We will populate the website with images
• We will acquire stock imagery for the client from stock photo websites.
• Images will be purchased upon approval from the client.
• We will not be responsible in any way, shape, or form for any similarities between images used on the site that may or may not resemble other websites.
• Any photographs or images supplied to us MUST be 100% owned by you.
• We will populate the website with products and product details.
• Product images and product details will be provided by the client. We can supply photographs or images at a small fee depending the requirements.
• Any photographs or images supplied to us MUST be 100% owned by you.

• All content, text, images, graphics or documents supplied to us will be deleted from our storage once your website is build and released, it is your responsibility to keep copies of such content unless you are using our hosting service or you have subscribed to one of our website maintenance packages and website backup service is included.

SEO Search Engine Optimisation & Search Engine Listings

We build web sites according to the trends of SEO at the time of building and they are accessible to search engines. We will help you to explore your key words/key phrases; however SEO and final key phrase choice is the responsibility of the Client.

We cannot guarantee, and is indemnified by the Client against any claims regarding the following:

Presence of search engine listing, the position of web site in any search engines, which or if any of the web pages will be listed in any search engines, the time it will take for any search engines to list the web site and effectiveness of key words/key phrases.

Ongoing SEO management is offered separately. Contact us if you are interested in our SEO service.

LINKS
The site may contain links to other websites on the internet that are owned and operated by third parties. The links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content, privacy policies, terms, or practices of any third party websites or services.

SECURITY
While our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorized manner by any person other than the Proprietor.

CONTACT US
Contact us here or you can email us at support@ozpinadigital.com
OZPINA DIGITAL – ABN. 42936792630