Obay - Terms and Conditions
1.1 This website at www.obay.com.au (Site) is a shopping website where you can browse, select and order products advertised on the Site from Full Petential Pty Ltd (ACN 125 436 535) (Seller, us or we).
1.2 Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
1.3 Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.
1.4 The terms and conditions also apply to the sale of any Products via methods other than the Site, including sales by telephone, in person or other means, unless otherwise agreed in writing.
The information contained in this Site is provided in good faith on an "as is" basis. Seller does not represent or warrant to the reliability, accuracy or completeness of the information contained on this Site. To the extent permitted by law, Seller is not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site.
3. Intellectual Property
3.1.1 acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the Material) are owned by or licensed to us;
3.1.2 must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
3.1.3 must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
3.2 You may:
3.2.1 store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
3.2.2 print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
3.3 This Site, the Products and any ancillary materials or documents owned or used by Seller in connection with the sale of the Products and promotion of its business contains registered trademarks which are protected by law and other branding, images, content which constitute the intellectual property of Seller. You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related bodies corporate or any of our intellectual property without our prior written consent.
4.1 Seller does not claim that any information (including any files) obtained from or through this Site is free from viruses or other faults or defects.
4.2 You are responsible for scanning any information for viruses.
4.3 You agree that Seller has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.
4.4 If Seller is found to be liable this will be limited to the cost of supplying the information again.
5. Compliance with these Terms and Conditions
5.1 You agree to bound by, and comply with, these terms and conditions by:
5.1.1 using the Site;
5.1.2 completing your registration through the Site; and/or
5.1.3 obtaining or ordering Products from us using the Site or by any other method of sale.
6. Changes to these Terms and Conditions
6.1 If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order. We cannot vary the terms and conditions which apply to a given order after that order is accepted by us.
6.2 Subject to clause 6.1, we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.
8. Placing an Order for Products
8.1 You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
8.2 Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
8.3 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
8.4 You agree to provide us with current, complete and accurate details when asked to do so by the Site.
9. Acceptance or Rejection of an Order
9.1 We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your order.
9.2 Each order placed for Products through the Site or any other means that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.
9.3 If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
10. Cancelling an Order (by Us)
10.1 Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if:
10.1.1 the requested Products in that order are not available; or
10.1.2 there is an error in the price or the product description posted on the Site or in any other sales platform in relation to the relevant Product in that order;
10.1.3 we consider that the postage price selected in the checkout does not match the applicable price for the delivery address;
10.1.4 your order weight exceeds our maximum postal delivery weight (in which case we will contact you to make alternative arrangements where possible); or
10.1.5 that order has been placed in breach of these terms and conditions.
10.2 If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.
11. Cancelling an Order (by You)
11.2 For auto-delivery orders or deliveries, orders may be changed at any time by logging into your account on the Site and making the relevant adjustments therein. The order will be updated for the next order that is dispatched.
11.3 In the event of any changes or cancelations following the dispatch of any orders, those orders may not be cancelled or changed. Should you wish to correct your delivery address or contact details prior to the order being dispatched, please contact us and we will endeavor to assist you.
12. Delivery of Products
12.1 All orders made via the Site may attract shipping charges. By agreeing to these terms, you agree and acknowledge that any shipping charges will be in addition to the price of any Products orders.
12.2 Please refer to the Shipping policy in the FAQ's on the Site for information on delivery times and costs.
13. Prices, Fees and Charges
13.1 The prices of Products and delivery and other charges displayed on this Site are current at the time of issue, however, Seller reserves the right to change prices at any time before we accept an order from you.
13.2 All prices shown on this Site are in Australian Dollars (AUD).
13.3 We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
13.3.1 the purchase price of each Product that is ordered;
13.3.2 the delivery fee for delivering the Products to you; and
13.3.3 any other fees and charges set out in these terms and conditions.
13.4 All fees and charges identified in these terms and conditions and all prices for the Products as shown on the Site are inclusive of GST (unless otherwise indicated).
14. Auto-Delivery - Not Currently Applicable
14.1 You may elect to purchase Products on the Site via the Auto-Delivery function which will enable you to subscribe to purchase our Products on a recurring basis (Auto-Delivery).
14.2 Where you have elected to purchase Products via Auto-Delivery, you authorise us to debit the incurred or outstanding amounts at the relevant intervals, of which
14.3 Seven (7) days prior to each Auto-Delivery order being dispatched, you will be supplied with a price estimate for the ordered Products which will be debited from you prior to dispatch.
14.4 If the debit at 14.3 is not successful, we will contact you and attempt a further debit of the relevant amount within 24 hours.
14.5 If the subsequent debit at 14.4 is unsuccessful, we will contact you and confirm cancellation of your Auto-Delivery scheduled order.
15. Your Obligations
15.1 You covenant and warrant that:
15.1.1 all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
15.1.2 the person receiving the Products at the Delivery Address is authorised by you to do so;
15.1.3 you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us;
15.1.4 you will ensure that your LoginID and password that is used to access the Site and the details of your account is kept in a safe and secure manner;
15.1.5 you will promptly notify us if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;
15.1.6 you will promptly advise us of any changes to your information provided to us as part of the customer registration process;
15.1.7 you are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
15.1.8 you are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Site;
15.1.9 you agree that we may charge you for all Products that we agree to supply to you that have been ordered using your LoginID and password through the Site;
15.1.10 you will check the labels on the Products before consumption or use; and
15.2 You must not:
15.2.1 use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
15.2.2 use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
15.2.3 make fraudulent or speculative enquiries, purchases or requests through the Site;
15.2.4 use another person’s details without their permission or impersonate another person when using the Site;
15.2.5 post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
15.2.6 tamper with or hinder the operation of the Site;
15.2.7 knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
15.2.8 use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
15.2.9 modify, adapt, translate or reverse engineer any portion of the Site;
15.2.10 remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
15.2.11 reformat or frame any portion of the web pages that are part of the Site;
15.2.12 create accounts by automated means or under false or fraudulent pretences;
15.2.13 use the Site to violate the security of any computer or other network or engage in illegal conduct;
15.2.14 take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
15.2.15 use the Site other than in accordance with these terms and conditions; or
15.2.16 attempt any of the above acts or engage or permit another person to do any of the above acts.
16. Warranty and Liability
16.1 Seller accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded.
16.2 Where we are permitted by law (and subject to clause 15.1):
16.2.1 we do not warrant or represent the suitability of the Site or a Product for any purpose; and
16.2.2 we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the Product.
16.3 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
17.1.1 you notify Seller to the contrary by email within twenty-one (21) days of purchase of any Products; and
17.1.2 such notification is confirmed by return email within seven (7) days of its receipt by Seller; and
17.1.3 the Products are unopened and in their original condition and packaging (including with all manuals, warranty cards and accessories that accompanied the Product),
the Products shall be deemed to have been accepted by you.
17.2 For further information on returns, please call Obay on 1300 909 817.
18. Termination and/or Suspension of Account
We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if we reasonably suspect that you have commit fraudulent act and/or you breach these terms and conditions.
19. General Provisions
19.1 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
19.2 This agreement is governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
21.1 Capitalised terms used are defined in these terms and conditions.
21.2 In these terms:
21.2.1 “GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)
21.2.2 “Liabilities” means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.
21.2.3 “LoginID” means the email address that you provided to us as part of the registration process to use the Site.
“Product’ means each good or service that is advertised on the Site.