Introduction

The Company provides the “Oceanweed” website and online store subject to these Terms of Service.

Interpretation

1. The following definitions apply in this document:
   1. Agreement means these Terms of Service.
   2. Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Launceston, Australia.
   3. Company means Oceanweed Pty Ltd ABN 28 634 863 344.
   4. Customer means a customer of the Site.
   5. Intellectual Property means all rights (present and future) conferred by common law, equity or statute (and all moral rights) connected with business names, computer software, confidential information, copyright, designs, domain names, formulas, inventions, knowhow, patents, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
   6. Item means any item available for purchase via the Site.
   7. Order means an order for one or more Items placed by a User via the Site during the same shopping session.
   8. Pricing means the pricing set out in this agreement or as notified to the User in writing by the Company from time-to-time.
   9. Privacy Policy means the Privacy Policy accessible at the Site.
   10. Site means the website found at https://www.oceanweed.com.au/ or such other URL operated by the Company from time-to-time.
   11. Special Conditions means any special conditions agreed to by the parties that shall apply to this Agreement.

Using the site

1. Use of the Site is always subject to the Customer’s ongoing acceptance and adherence to these Terms of Service.

Online store terms

1. A Customer may purchase various available Items online from the Site. All purchases are subject to these Terms of Service.
2. The Customer’s ability to purchase any Items from the Site is subject to availability. The Company will endeavour to ensure that Items listed on the Site are in stock but reserves the right to cancel any Orders it is unable to fulfil.
3. Items specifications
   1. The description of Items described on the Site are subject to change by the Company without notice, however the description of any Items may not be varied for any completed Orders.
   2. The Customer acknowledges and accepts that the weight, dimension and other specifications of Items are estimates only and may not be completely accurate.
4. Pricing
   1. Pricing for each Item shall be as described on the Site as updated from time-to-time.
   2. Pricing shall be confirmed at the time that the Customer completes payment.
   3. The Company is under no obligation to maintain Pricing for any Items prior to confirmation of an Order.
   4. If the Company discovers an error in the Pricing of Items paid by the Customer, the Company will notify the Customer as soon as possible and give the Customer the option of reconfirming the Order at the correct price or cancelling the Order. If the Company is unable to receive a response from the Customer, then the Customer will be deemed to elect cancellation of the Order and will be provided a full refund for any amount paid on the Order.
5. Purchase, payment, and order
   1. An Order is confirmed when the Customer completes payment for the Item(s) and for any shipping costs in accordance with the instructions on the Site and is sent a confirmation email to the Customer’s designated email address.
   2. All payments shall be made via the online payment gateway on the Site or in such other manner as the Company may direct from time-to-time.
   3. The Company reserves the right to cancel an Order at any time prior to dispatch of the Items in its complete discretion, in which case a full refund will be provided to the Customer with respect to the cancelled Order.
   4. Unless expressed otherwise, all Pricing be deemed inclusive of GST.
   5. The Company will provide the Customer with an invoice for each Order.

Shipping and delivery

1. Shipping and delivery
   1. The Company shall advise the Customer of any shipping fees prior to payment of any Item on the Site if not included in the Item purchase price.
   2. The Company may not ship to all locations and will advise the Customer if a delivery address is not in a location to where the Company ships.
   3. The Customer must provide the Company with accurate shipping information and agrees that the Company is not liable or responsible for any errors in shipping information, including for the loss or damage to any Order.
   4. The Customer agrees that any representation regarding delivery dates or times are best estimates only, and the Company is not liable for any Deliveries not made at the represented date or time.
   5. The Customer (or their representative) may be required to present a proof of identification to the courier at the point of delivery.
   6. Items will be delivered to the entrance of the provided delivery address. The Customer authorises the Company to instruct its shipping agent to leave the Items at the delivery address if the premises is unattended at the time of delivery.
   7. The Customer agrees that delivery occurs when the Item(s) have been delivered to the delivery address. Risk in the Item(s) transfers to the Customer upon delivery.
   8. If the Item(s) cannot be delivered, the Company will contact the Customer to arrange for a re-delivery. The Customer agrees that additional shipping fees may be charged for re-delivery, as per the Site’s standard shipping fees.
   9. The Company will provide the Customer replacement of Items in the event of any loss or damage to the Items during the dispatch process and before the completion of delivery.
   10. After taking delivery of the Order, the Customer agrees to examine the Items and notify the Company if there are any issues with to the Items within 3 days of delivery.
   11. The Customer agrees to take on the risk for the Items such as loss, damage or deterioration from the point that the Items reach the delivery address.
2. Package tracking
   1. The Company may provide the Customer with information to track the shipping status of any Order (Tracking Information), if so available.
   2. The Customer acknowledges that any tracking information is sourced from a third party, and where the Company provides Tracking Information, it does so as a courtesy only and is not responsible for the accuracy of any Tracking Information.
3. Returns, exchanges, and store credits
   1. Subject to the terms of this clause 4.3 and excluding all sales and clearance Items, the Customer will be entitled to return an Item in the following circumstances:
      1. Where the Item is deemed faulty or defective;
      2. Where the Item is the wrong size; and
      3. Where the Customer changes their mind.
   2. The Company will only accept the return of Item(s) that still have tags intact and show no visible signs of wear or use.
   3. To return an Item the Customer must, within 14 days of receiving the Order (Return Deadline), fill out the contact form on the Site or email the Company at returns@oceanweed.com.au, including the relevant order reference number and details of the Item(s) to be returned or exchanged (Return Notice).
   4. Any Return Notices received outside the Return Deadline will not be accepted, unless agreed otherwise by the Company in its absolute discretion.
   5. Upon receipt of the Return Notice within the Return Deadline, the Company will then send the Customer via email a pre-paid shipping label which shall be used to return the Item(s) to the Company via post, which shall be limited to one free return shipped label per Order.
   6. Upon receipt of returned Item(s) in accordance with clause 4.3, the Company will either:
      1. Initiate a full refund to the Customer;
      2. Issue the Customer with store credits; or
      3. Send exchanged Item(s) by post;
      within 48 hours of receiving the returned Item(s) as elected by the Customer, however cash refunds shall be limited to faulty or defective Items only.
   7. If the Items is found to be damaged, defective or otherwise not usable, then the Customer shall notify the Company of the issue in writing within 3 days from the date of delivery.
   8. The Customer acknowledges that the Company does not take responsibility for the duration of time taken to refund or exchange the Items or Items lost in the mail.
   9. Unless otherwise agreed by the Company, the Customer shall be responsible for shipping costs to return the item to the Company except where the Item is found to be defective, then the Customer will be compensated for any shipping costs.

General conditions

1. License to use the Site
   1. By accepting the terms and conditions of this Terms of Service, the Customer is granted a limited, non-exclusive and revocable licence to access and use the Site for the duration of the Term, in accordance with the terms and conditions of this Terms of Service.
   2. The Company may issue the licence to the Customer on such further terms or limitations as it sees fit.
   3. The Company may revoke or suspend the Customer’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this Terms of Service by the Customer.
2. Modification of terms
   1. The Company may from time-to-time update the terms of this Terms of Service in its sole discretion. Unless stated otherwise by the Company in writing, such updates shall come into effect for use of the Site the next time that the Customer uses the Site.
3. Support
   1. The Company provides Customer support for the Site via the email address support@oceanweed.com.au.
   2. The Company shall endeavour to respond to all support requests within 3 Business Days.
4. Use & availability
   1. The Customer agrees that it shall only use the Site for legal purposes and shall not use it to engage in any conduct that is unlawful, threatening, abusive or in a way that the Company deems unreasonable in its discretion.
   2. The Customer is solely responsible for the security of its username and password for access to the Site. The Customer shall notify the Company as soon as it becomes aware of any unauthorised access of its account.
   3. The Customer agrees that the Company shall provide access to the Site to the best of its abilities, however:
      1. Access to the Site may be prevented by issues outside of its control; and
      2. It accepts no responsibility for ongoing access to the Site.
5. Privacy
   1. The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about the Customer and other customers.
   2. The Site may use cookies (a small electronic tracking code) to improve a Customer’s experience while browsing, while also sending browsing information back to the Company. The Customer may manage how it handles cookies in its own browser settings.
6. Security. The Company takes the security of the Site and the privacy of its Customers very seriously. The Customer agrees that the Client shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
7. Intellectual property
   2. Proprietary Information. The Site contains Intellectual Property for which the Company has appropriate authority to use, and the Customer agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The Customer warrants that it shall not infringe on any third-party rights through the use of the Site.
   3. The Site. The Customer agrees and accepts that the Site is the Intellectual Property of the Company and the Customer further warrants that by using The Site the Customer will not:
      1. Copy or recreate the Site in any way; and
      2. Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the Site or any documentation associated with it.
   4. Content. All content submitted to the Company, whether via the Site or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the Customer or any other party with respect to the Site.
8. Disclaimer of third party services & information
   1. The Customer acknowledges that the Site is dependent on third-party services, including but not limited to:
      1. Banks, credit card providers and merchant gateway providers;
      2. Telecommunications services;
      3. Hosting services; and
      4. Email services;
   2. The Customer agrees that the Company shall not be responsible or liable in any way for:
      1. Interruptions to the availability of the Site due to third-party services; or
      2. Information contained on any linked third party website.
9. Limitation of liability
   1. The Customer agrees that it uses the Site at its own risk.
   2. In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, illness, personal injury, death, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the Customer’s access to, or use of, or inability to use the Site, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, loss, illness, personal injury or death, or business interruption of any type, whether in tort, contract or otherwise.
   3. Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
      1. The re-supply of services or payment of the cost of re-supply of services; or
      2. The replacement or repair of goods or payment of the cost of replacement or repair.
   4. To the extent permitted by law, the Company’s liability to the Customer shall be limited to the amount paid by the Customer in connection with the purchase of Items from the Site.
10. Dispute resolution
    1. If any dispute arises between the parties in connection with this Terms of Service (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
       1. Includes or is accompanied by full and detailed particulars of the Dispute; and
       2. Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
    2. Within 10 Business Days after a Dispute Notice is given, a representative (with the authority to resolve the dispute) from each of the parties must meet (virtually or otherwise) and seek to resolve the Dispute.
    3. Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
    4. Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
    5. Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this Terms of Service.
11. Electronic communication, amendment, and assignment
    1. The Customer can direct notices, enquiries, complaints and so forth to the Company as set out in this Terms of Service. The Company will notify the Customer of a change of details from time-to-time.
    2. The Company will send the Customer notices and other correspondence to the details that the Customer submits to the Company, or that the Customer notifies the Company of from time-to-time. It is the Customer’s responsibility to update its contact details as they change.
    3. A consent, notice or communication under this Terms of Service is effective if it is sent as an electronic communication unless required to be physically delivered under law.
    4. Notices must be sent to the parties’ most recent known contact details.
    5. The Customer may not assign or otherwise create an interest in this Terms of Service.
    6. The Company may assign or otherwise create an interest in its rights under this Terms of Service by giving written notice to the Customer.
12. General
    1. Special Conditions. The parties may agree to any Special Conditions to this Terms of Service in writing.
    2. Prevalence. To the extent this Terms of Service is in conflict with, or inconsistent with, the terms of any Special Conditions made under this Terms of Service, as relevant, the terms of those Special Conditions shall prevail.
    3. Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Terms of Service.
    4. Relationship. The relationship of the parties to this Terms of Service does not form a joint venture or partnership.
    5. Waiver. No clause of this Terms of Service will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
    6. Further Assurances. Each party must do anything necessary (including executing Terms of Services and documents) to give full effect to this Terms of Service and the transaction facilitated by it.
    7. Governing Law. This Terms of Service is governed by the laws of Tasmania, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
    8. Severability. Any clause of this Terms of Service, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Terms of Service.