Orthotics That'll Make You Shine!

Terms and Conditions for Oaura Pty Ltd

English, Terms and Conditions 

Last updated: Tuesday, 29 June 2021
Please read these terms and conditions carefully before using Our Service. 

Acknowledgement

These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the oaurashoes.com.au website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between You ("User", "you" or "your") and this Website operator ("Operator", "we", "us" or "our"). 

By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions of this Agreement. If You disagree with any part of these Terms and Conditions then You may not access the Service.

These Terms and Conditions govern the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. 

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Please read Our Privacy Policy carefully before using Our Service. 

You again acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Interpretation and Definitions 

Interpretation 

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. 

Definitions 

For the purposes of these Terms and Conditions: 

Country refers to: New South Wales, Australia
Company (referred to as either "the Company", “Operator”, ”We", "Us" or "Our" in this Agreement) refers to Oaura Pty Ltd, PO Box 175, Bellingen, NSW 2454 AUSTRALIA.
Device means any device that can access the Services such as a computer, a cellphone or a digital tablet and not limited to those devices. 

Service refers to the Website, Products Online and Physical Stores which sell Oaura Products. 

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any Services or content (including data, information, products or Services) provided by a third-party that may be displayed, included or made available by the Service and includes GoogleADS, Facebook, Instagram and not limited to those third party social media services. 

Website refers to Oaura Pty Ltd, accessible from https://www.oaurashoes.com.au and Third-Party Social Media Services.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. 

Details means your Personal Information may include any information or opinion about an identifiable person which includes your name, address, email address and phone number and purchasing details such as credit card information.

Product means all Services of Oaura Pty Ltd.

Intellectual Property means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.

 

 

 

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) 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 Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Changes and Amendments 

We reserve the right, at Our sole discretion, to modify or replace this Agreement or its terms relating to the Website and Services at any time, effective immediately. Continued use of the Website and Services after any such changes shall constitute your consent to such changes and By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, you are not authorised to use the website and Services. 

Termination 

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. 

Upon termination, Your right to use the Service will cease immediately. 

Intellectual Property

This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the Operator or third party trademarks.

Limitation of Liability 

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service. 

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. 

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law. 

To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Severability and Waiver

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. 

If any provision or portion of any provision of these terms in this Agreement is held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof will be changed and interpreted to accomplish the objectives of such provision with respect to the subject matter hereof to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. 

Indemnification

You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

"AS IS" and "AS AVAILABLE" Disclaimer of Warranty

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non- infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. 

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. 

Service Third Party Disclaimer 

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. 

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit. 

Although the Website and Services may link to other resources (such as websites, mobile applications, social media platforms and more), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, the Operator will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

Your Privacy and Personal Information

We are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We at all times, respect the privacy and confidentiality of the information provided by you and adhere to PPIPA. We do 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, use 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 Services but not for any other use.

We may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our agreements; or to protect the rights, property or safety of our Service and it’s Members or third parties.

If you Join Us be entering your details on the Website or Service,We may, but have no obligation to, monitor and review new details before you may start using the Services. 

Providing false contact information of any kind or misusing the Services, may result in the termination of your use of the Services. You must immediately notify us of any unauthorized uses of your details or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your details (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your details for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Shipping Delay

Our Service uses Australia Post for deliveries. Currently only Domestic deliveries (within Australia) are available. Due to Covid restrictions in place you may experience some delay with deliveries depending on your delivery address. Shipping delays are out of Our control and deliveries are dependant upon Australia Post Policies, Terms and Conditions.

International Deliveries are currently unavailable.

Returns and Refunds

Our policies allow only purchases made from Our official online store can be processed for return or refund. Purchases made from Third Party Social Media Services are unable to be returned.

Purchases from Retail Stores need to be returned to the store where you made the purchase.

Returns within Australia can be returned at no extra cost, you must contact us for individual details. 

For eligible returned item/s, we will gladly exchange them for another item. 

Shipping and Returns for International orders are not available.

Refunds can take some time depending on your financial institution, so please allow up to 30 days for your refund to show in your account. 

Governing Law 

This contract, Terms and Conditions including all Services of Oaura Pty Ltd, those Services Affiliated with Our Service and Your Agreement is governed by the Supreme Court of New South Wales and the Parties submit to the exclusive jurisdiction of the courts in Sydney. A Party will not object to that forum for any reason.

For European Union (EU) Users 

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance 

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties. 

Translation Interpretation 

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute. 

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use Our Website and Services.

Disputes Resolution 

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. If a dispute arises out of or in relation to this Agreement or its breach, termination, validity or subject matter, a Party must give written notice of the particulars of the dispute to the other Party within 3 business days, and the Parties must use their best endeavours to settle their dispute through discussions between their representatives appointed for that purpose within a further 7 business days. If the dispute is not resolved within those 10 business days, the Parties must then use their best endeavours to settle their dispute by mediation conducted by a qualified mediator within a further 28 days. If the dispute has not been settled through mediation within those 28 days (or such other period as agreed between the Parties in writing) the dispute must be submitted to arbitration for determination in Sydney or such other place as the parties agree. The arbitrator must not be the same person as the mediator. English is the language of the arbitration and any documents in another language are to be provided with a translation into English by an appropriately accredited translator.The determination of the arbitrator will be final, binding on and confidential to the Parties.

A Party must not commence Court proceedings before exhausting the dispute resolution

procedures in the preceding clauses.

Contact Us 

If you have any questions about these Terms and Conditions, You can contact us: By email: info@oaurashoes.com