Terms And Condition

Terms & Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of www.ozgears.com website.

The domain name www.ozgears.com (hereinafter referred to as ‘Website’) is owned by Clements Santosa Pty Ltd, a company incorporated in Australia with its registered office in Sydney (hereinafter referred to as “OZGears.com”).

Your use of the Website and services and tools are governed by the following terms and conditions (‘Terms of Use’) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transactions. By mere use of the Website, You shall be contracting with OZGears.com and these terms and conditions including the policies constitute Your binding obligations with OZGears.com.

For the purpose of these Terms of Use, wherever the context so requires ‘You’ or ‘User’ shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. OZGears.com does not allow the User to make purchases without registering on the Website. The terms ‘We’, ‘Us’, ‘Our’ shall mean OZGears.com.

When You use any of the services provided by Us through the Website, including but not limited to Product Reviews, Seller Reviews, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by OZGears.com’s Policies (including but not limited to Privacy Policy here) as amended from time to time.

Your Account and Registration Obligations

If You use the Website, You shall be responsible for maintaining the confidentiality of Your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of Your membership on the Website and refuse to provide You with access to the Website.

Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by SMS, email, voice calls or by such other mode of communication, electronic or otherwise.

Henceforward:
1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products if any and after sales services related to products if any.

2. OZGears.com does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. OZGears.com does not implicitly or explicitly support or endorse the sale or purchase of any products or related services on the Website. OZGears.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

3. Where the seller of the Products and related services is OZGears.com, OZGears.com consents to take back any defective or damaged products within a period of 30 days from date of purchase.

Charges

Membership on the Website is free for buyers. OZGears.com does not charge any fee for browsing and buying on the Website. OZGears.com reserves the right to change its fee policy from time to time. In particular, OZGears.com may at its sole discretion introduce new products, related services and modify some or all of the existing services offered on the Website. In such an event OZGears.com reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated. You shall be solely responsible for compliance of all applicable laws for making payments to OZGears.com through modes of payment.

Use of the Website

You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:

1. shall not be false, inaccurate or misleading;

2. You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.

3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password ‘mining’ or any other illegitimate means.

4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.

5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

8. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of OZGears.com and/or others.

9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

Disclaimer of Warranties and Liability

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this Website are provided on ‘as is’ and ‘as available’ basis without any representation or warranties, expressed or implied except otherwise specified in writing herein or elsewhere on the Terms and Conditions. Without prejudice to the foregoing paragraph, OZGears.com does not warrant that:

• This Website will be constantly available, or available at all; or

• The information on this Website is complete, true, accurate or non-misleading.

OZGears.com will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. OZGears.com does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on the Website constitutes, or is meant to constitute, advice of any kind.

You will be required to enter a valid phone number and email address while placing an order on the Website. By registering Your phone number with Us, You consent to be contacted by Us via phone calls and/or SMS notifications about any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS communication.

Payment
While availing any of the payment method(s) available on the Website, we will not be responsible or assume any liability whatsoever in respect to any loss or damage arising directly or indirectly to You due to:

Lack of authorization for any transaction(s), or

Exceeding the present limit mutually agreed by You and between ‘Bank(s)’, or

Any payment issues arising out of the transaction, or

Decline of transaction for any other reason(s).

Further:

1. You understand, accept and agree that the Payment Facility is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment for the Transactions on the Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing the Payment Facility, OZGears.com is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

Payment Facility for Buyers

• You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with OZGears.com to purchase the products and/or related services from the OZGears.com using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using the Payment Facility.

• You, as a Buyer, may agree with OZGears.com through electronic communication and electronic records and using the automated features as may be provided by the Payment Facility on any extension/increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension/increase of Dispatch/Delivery time or subsequent novation/variation of the Transaction should be in compliance with Payment Facility Rules and Policies.

• You, as a Buyer, shall electronically notify the Payment Facility using the appropriate Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non-notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash on Delivery transactions, the Buyer is required to confirm the receipt of products or services.

• You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain categories of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and/or services

• Refunds shall be made in the original currency only and shall be equivalent to the Transaction Price received in that currency.

• For electronics payments, refunds shall be made through the source payment gateway by which the payment was made by Buyer or any other manner as may be required by applicable law.

• Refunds shall be conditional and shall be with recourse available to AOZGears.com in case of any misuse by the Buyer.

• Refund shall be subject to the Buyer complying with Policies of the Seller as informed from time to time.

4. OZGears.com reserves the right to impose limits on the number of Transactions or Transaction Price which OZGears.com may receive on an individual Valid Credit/Debit/Cash Card, Valid Bank Account and such other infrastructure, or any other financial instrument directly or indirectly through the Payment Facility, payment aggregator to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.

5. OZGears.com reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by the Buyer with OZGears.com or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

6. OZGears.com may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash on Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of OZGears.com. As a result of such checks, if OZGears.com is not satisfied with the creditability of the Buyer or genuineness of the Transaction/Transaction Price, it will have the right to reject the receipt of/the Buyer’s commitment to pay Transaction Price.

7. OZGears.com may delay notifying the payment confirmation i.e. informing the Seller to Dispatch, if OZGears.com deems it suspicious or for the Buyer conducting high transaction volumes, to ensure safety of the Transaction and Transaction Price. In addition, OZGears.com may hold Transaction Price to remit Transaction Price to law enforcement officials (instead of refunding the same to the Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.

8. The Buyer acknowledge that OZGears.com will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond the control of OZGears.com.

Compliance with Laws

9. The Buyer and OZGears.com shall comply with all the applicable laws including without limitation Foreign Exchange Management Act, 1999.

Buyer’s arrangement with Issuing Bank

10. All Valid Credit/Debit/Cash Card and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

11. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support the Payment Facility to provide these services to the Users. All such Online Bank Transfers on the Payment Facility are also governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank.

Indemnity

You shall indemnify and hold harmless OZGears.com, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of these terms of use, the Privacy Policy and other policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of Australia.

Trademark, Copyright and Restriction

This Website is controlled and operated by OZGears.com and products are sold by OZGears.com. All material on this Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Trademark Complaint

OZGears.com respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to OZGears.com at support@OZGears.com.

Product Description

OZGears.com does not warrant that Product description or other content of this Website is accurate, complete, reliable, current or error-free and assumes no liability in this regard.

Limitation of Liability

IN NO EVENT SHALL OZGears.com BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF THE USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Contact Us

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.

Returns Policy of Products Sold on the Website

Definition: ‘Return’ is defined as the action of giving back the item purchased by the Buyer to the Seller on the Website. Following situations may arise:

Item was defective

Item was damaged during the Shipping

Product(s) was/were missing

Wrong item was sent by the Seller.

Return could also result in refund of money in most cases.

We encourage the Buyer to review the listing before making the purchase decision. In case the Buyer orders a wrong item, the Buyer shall not be entitled to any return/refund.

The Buyer needs to raise the refund request within 15 days from the date of receiving the product. Once the Buyer has raised a returns request by contacting Us on our Customer Care Number, OZGears.com while closing the returns form can select one of the following:

Refund after shipment collection: OZGears.com has agreed to wait for the logistics companies to collect the shipment from the Buyer before refunding

Refund without shipment collection: OZGears.com has agreed to refund the Buyer without expecting the original shipment back.

In the event OZGears.com accepts the returns request raised by the Buyer, the Buyer will have to return the product and then the refund shall be credited to the Buyer’s account.

In case the buyer doesn’t close the ticket in 3 days from the date of intimation to OZGears.com about the refund request, the refund request shall be settled in favour of OZGears.com.

Further, for returns being made by the Buyer toOZGears.com of the product, the following parameters needs to be ensured by the Buyer:

Condition

Should be ‘New & Unworn’ (other than for trial) & returned with original packaging

If the product being returned is not in accordance with the above parameters, then the Buyer shall not be entitled to any refund of money from OZGears.com.

Delivery cost for returning the product shall be borne and incurred by the buyer.