Terms of Use

Omorfie Ltd  (“Omorfie”) maintains the websites and associated features and mobile applications located at omorfie.com | omorfie.com.au (collectively the “Site”). 

Acceptance of these Terms of Use

BY CREATING AN ACCOUNT, LOGGING INTO YOUR ACCOUNT, PURCHASING OR BY BROWSING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE PROPERTIES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS, AS UPDATED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THESE TERMS OF USE, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE PROPERTIES AND YOU MUST IMMEDIATELY STOP ACCESSING THE PROPERTIES.

Your access to and use of the Properties are subject to your continued compliance with these Terms and all applicable laws. Your right to access and use the Properties will terminate immediately, without any further action by Omorfie, if you breach these Terms.

Modification and Changes to Terms

We reserve the right, in our sole discretion, to modify or update these Terms at any time for any reason, with or without prior notice to you, and any such changes to these Terms will supersede and replace any previous Terms effective immediately upon posting to this page. It is your responsibility to periodically review these Terms as posted here for any changes. Your continued use of the Properties after the posting of changes to these Terms will constitute your acceptance of such changes. For the avoidance of doubt, you should discontinue using the Properties if you do not agree with any changes to these Terms.

License to Use the Properties

You may only use the Properties in the manner in which the Content (as defined below) you access is intended and in compliance with these Terms and with any and all applicable federal, state, local and international laws, rules and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any Content, software, products or services contained with the Properties without the express written consent of Omorfie. You may not use the Properties or any of its Content to further any commercial purpose, including any advertising or advertising revenue generation active on your own website or in any other form or medium. All rights not expressly granted to you in these Terms are reserved and retained by Omorfie and/or its Content providers. 

Children’s Online Privacy Protection Act Notification

Subject to your compliance with these Terms, Omorfie grants to you a personal, non-exclusive, non-transferable, limited, revocable right to enter and use the Site. Any unauthorised use of the Site terminates the permission granted by Omorfie to enter and use the Site. If you are under 18 years of age, you should consult your parents about what portions of the Site are appropriate for you. The right to access the Site is revoked where this Agreement or use of the Site is prohibited or to the extent offering, sale or provision of any services conflicts with any applicable law, rule or regulation. You are solely responsible for ensuring that your use of the Site complies with all laws, rules and regulations applicable to you. You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Site. We may, in our sole discretion, refuse access to the Site to any person or entity and change our eligibility criteria at any time.

Registration / Accounts

You may create an account by providing us with your name and e-mail address (an “Account”). Users who have created an Account (“Registered Users”) are able access their accounts through the “Your Account” part of the Properties and manage their email address and shipping addresses and view their existing or past orders. You do not need to create an account to receive Content or other marketing information via a Subscription or to submit an order to purchase products that may be listed on the Website. To learn more about how we collect and use your information, please see privacy policy. 

By creating an account, you agree: (a) that you are able to and have the appropriate authority and authorisation to create a binding agreement with Omorfie; (b) provide true, accurate, current and complete information about yourself when we request it; (c) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Service permit such updates; and (d) use limited-access portions of the Services only using access credentials that we have issued to you. If you have previously had your access to or use of the Website terminated by us, you may not access or use the Website under any circumstances. You should never share your Account information with third parties or allow third parties to use your Account. Please keep your password confidential and be sure to exit from your Account at the end of each session. You are responsible for all of the activity on your Account, including the use of your Account by other people who you may or may not authorise to use your Account. If you allow others to access your Account in violation of these Terms of Use, you agree to be responsible for ensuring that they comply with these Terms of Use. You must notify us immediately of any breach of security or unauthorised use of your Account by e-mail: accounts@omorfie.com with “Unauthorised Use” in the subject line. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account. Omorfie will not be liable for any losses caused by any unauthorised use of your account.

Omorfie reserves the right, in its sole discretion, to terminate your access to the Properties or any portion thereof at any time, without notice. You may terminate your Account by e-mail: accounts@omorfie.com  “Cancel Account” in the subject line or you may unsubscribe to a Subscription by clicking the “Unsubscribe” link at the bottom of the email or e-mail Customer Experience team: hello@omorfie.com with “Unsubscribe” in the subject line. Please allow 48 hours for termination to take effect. Following termination, you will not receive any further communications from us unless and until you re-register by creating a new Account or request a new Subscription. Our rights under these Terms will expressly survive termination of these Terms, the cessation of your use of or access to the Properties, termination of your Account and/or cancellation of your Subscription.

 

Eligibility to Purchase Products

In order to make purchases on the Properties, you must be 18 years of age or older, be lawfully able to enter into and form contracts on the Internet in accordance with the laws of the State of California.

In order to make purchases on the Properties, you will be required to provide information about yourself that is true, accurate, current and complete in all respects, including your name, address and e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and confirm that you are the person referred to in the “Billing” information provided. To learn more about how we collect and use your information, please see our Privacy Policy. In order to make purchases on the Properties you will also need to have been issued a valid credit/debit card by a bank acceptable to Omorfie, and have authorised Omorfie to process a charge or charges on your credit/debit card in the amount of the total purchase price for the Omorfie products and/or third party products (together, the “Product(s)”) that you purchase.

Products purchased by you must be for personal use or purchased as a gift and may not be re-sold or used for commercial purposes or for any other commercial benefit. In addition, Omorfie reserves the right to restrict and refuse multiple quantities of a Product from being shipped to any one customer or postal address.

Omorfie strives to provide accurate information on its sites, although occasional inaccuracies may arise. By using the site, users acknowledge that Omorfie is not held liable for any damage or loss resulting from the use or reliance on the provided information. While product descriptions on the website are generally accurate, there is a possibility of occasional inaccuracies, typographical errors, or misinterpretations. Omorfie retains the right to rectify such inaccuracies or errors as they come to light. Additionally, changes in the packaging of goods, including alterations in bottle type, label design, and information, may occur at Omorfie's discretion without prior notice to the customer. This is permissible as long as the product type and volume remain unchanged.

 

Pricing

Omorfie reserves the right to determine the price of products sold through the Properties. Unless otherwise indicated, prices shown on the omorfie.com.au are in Australian Dollars and are exclusive of taxes.

All prices and offers remain valid as advertised from time to time, except in cases of patent error as set forth below. If the price for a Product in your order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed with the order at the amended price. While every effort is made to ensure that details on the Properties are accurate, we may from time to time discover an error in the pricing of Products. If we discover an error in the pricing of a Product in your order, we will notify you as soon as possible. We will not be under any obligation to accept or fulfil an order for a Product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a Product that is priced incorrectly for any reason, we will e-mail or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you or your credit/debit card company have already paid for the Product(s), we will refund the full amount as soon as reasonably practicable. In the event that Products are recalled in transit, we will process your refund once the Products have been returned to us.

If you are a customer whose credit/debit card is not denominated in Australian Dollars, your final price may be calculated in accordance with the applicable exchange rate on the day your credit/debit card issuer processes the transaction.

All prices quoted are in the users local currency and where applicable (default AUD) are exclusive of taxes.

Payment Processing and Authorisation

Payment Processing. We accept most major debit and credit cards, as well as third-party payment providers, such as PayPal and AfterPay (depending on jurisdiction, some exceptions apply). For payments through third party payment providers, you may be directed to their website. Omorfie will not be responsible in any way for payments processed via external third-party payment provider’s sites. It is your responsibility to familiariae yourself with the third-party payment provider’s terms and conditions, and privacy policy.

Once your payment is complete, you will then return to the Properties. Payment will be debited and cleared from your account in full at the time you place your order, including with respect to any pre-order.

We take reasonable care to make our Properties secure. All credit/debit card transactions on the Website are processed using Stripe, a secure on-line payment gateway that encrypts your credit/debit card details in a secure host environment. These details will only be used to process credit/debit card transaction which you have initiated. We do not store your credit card information on our Website but rely on Shopify to do so. 

We take reasonable care, insofar as it is within our control to do so, to keep the details of your order and payment secure. However, in the absence of gross negligence on our part, we cannot be held liable for any loss you may suffer if a third-party procures unauthorised access to any data and/or personal information that you provide when accessing or ordering from the Properties.

Payment Authorisation. You acknowledge and agree that for any payment information you input, the account being used is yours or that you have been specifically authorised by the owner of such account to use it. All credit card account holders are subject to validation and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any non-delivery or delay of orders. Payment will be debited and cleared from your account upon dispatch of your order by Omorfie. If there is a problem charging your selected payment card, we may charge another valid payment card associated with your account.

By making an offer to purchase Products, you expressly authorise Omorfie to perform credit checks and, where deemed necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorisation and/or to authorise individual purchase transactions.

You agree that we may use personal information that you provide in order to conduct appropriate anti-fraud checks. Personal information that you provide may also be disclosed to a third-party credit reference or fraud prevention agency which may keep a record of that information. Please refer to our privacy policy for further information about how we use your personal information and data.

Promotions

General. Omorfie, at its sole discretion, may offer promotional pricing, codes or other offers to you (“Promotions”). Promotions cannot be used on past purchases. Promotions are non-transferable and there is no cash alternative or cash value. Promotions cannot be used in conjunction with other Promotions or offers unless expressly stated otherwise, and must be used by the date published, if any. We reserve the right at any time without notice to retract or change any Promotions. Omorfie, at its sole discretion, will determine whether a Promotion is combinable with other Promotions or sales. Unless otherwise stated, Promotions are not eligible for Omorfie product subscriptions. We reserve the right to provide you with operating rules or additional terms that govern certain Promotions we may offer from time to time, unique of aspects of our Properties, or both (“Additional Terms”). To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

 

Orders

When placing an order, you must follow the instructions on the Properties as to how to place your order and for making changes to your order before you submit it to us through the Properties. All orders are subject to acceptance and availability. Any Products in ‘Your Cart are not reserved and may be purchased by other customers until your order is complete and accepted by us.

Omorfie offers Products for sale that are in stock and available for shipping. Occasionally however, we may be waiting for shipment from our suppliers. Omorfie may, in its sole discretion, offer you, from time to time, the opportunity to either (i) place in advance a “pre-order” for such Products which may ensure that you receive the item on a priority basis once the Products have been delivered to Goop and/or (ii) to register your e-mail address for notification of the arrival of the selected Products not in stock. Your rights regarding pre-orders and waitlisted items are the same as those for any other purchase from Omorfie.

When you submit an order to us through the Properties, you agree that you do so expressly subject to these Terms at the date you submit your order. You are responsible for reviewing the latest Terms each time you submit an order.

Once you place an order, you will receive an e-mail acknowledging the details of your order. We will not be obligated to supply a Product to you until we have accepted your order for such Product by e-mail in a form called a “Confirmation of Order” stating that we are accepting your order. An e-mail, letter, fax or other acknowledgement of your order by us is purely for information purposes and does not constitute our acceptance of your order. When we send you an acknowledgement, we may give you an order reference number and details of the Product(s) you have ordered.

We may, in our discretion, refuse to accept an order from you for any reason, including if we are unable to obtain authorization for payment, shipping restrictions apply to a particular item, the Product(s) you order are out of stock or do not satisfy our quality control standards or are withdrawn or you do not meet the eligibility criteria set out in these Terms. From time to time, we may offer you an alternative Product, in which case we will require you to re-submit your order. We will not be liable to you or any third-party by reason of our withdrawing any Product(s) from the Properties, whether or not the Product(s) have been sold, removing, screening or editing any materials or content on the Properties, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

We reserve the right to cancel your order at any time. If you have cancelled your order before we have accepted it, or if we cancel your order at any time for any reason, then we will promptly refund any payment already made by you or your credit/debit card company to us for the order of the Product(s).

If you discover that you have made a mistake with your order after you have submitted it to us, please contact us immediately by reaching out to our Customer Experience: hello@omorfie.com

 

Restrictions on Use

Without our prior written consent, you may not:

  • use any automated means to access the Site or collect any information from the Site (including, without limitation, robots, spiders, scripts, or other automatic devices or programs), or 
  • frame the Site, utilise framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. As such, you agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity to obtain Materials (as that term is defined below), lists of users, or other information for an unauthorised purpose.
  • You may not, without our prior written permission, use any meta tags or any other “hidden text” that includes our name, trademarks, or service marks, or use any Omorfie logo or other proprietary graphic, trademark, or service mark as part of a link. You agree that you will not use the Site in any manner that is inconsistent with or violates applicable law or these Terms or that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

You also agree not to do any of the following while using the Site:

  • Gather any person’s information available from the Site or transmit any unsolicited advertising, junk mail, “spam,” or chain letters;
  • Impersonate or misrepresent your affiliation with any person or entity or create a false identity to mislead Omorfie or others;
  • Submit false or misleading information;
  • Submit or transmit any content that infringes a third party's Intellectual Property Rights (as that term is defined below) or rights of publicity or privacy or that is unlawful, untrue, fraudulent, harassing, libellous, defamatory, abusive, threatening, pornographic, racist, harmful (including viruses, corrupted files, or any other similar software or programs), disparaging of Omorfie or other persons, or is otherwise objectionable;
  • Violate any other policies stated on the Site;
  • Repeat any action after you receive a warning or request from Omorfie to stop, whether or not that action is explicitly prohibited in our  policies; or
  • Fail to respond to communications from us regarding a violation, dispute or complaint.
  • Omorfie may terminate your use of the Site for any reason, including, without limitation, if Omorfie believes that you have violated or acted inconsistently with these Terms. Omorfie may also modify or discontinue providing the Site, or any part thereof, with or without notice. Omorfie is not liable to you or any third party for any termination of your access to the Site, or any modification or termination of the Site.
  • Omorfie may modify, add, or delete portions of these Terms without prior notice. By continuing to use the Site after Omorfie posts any changes, you agree to be bound by these terms, as modified.

User Generated Material

If and to the extent that we elect to accept user generated material, you may have the opportunity to publish, transmit, submit or otherwise post reviews, ratings, comments, feedback or other materials on the Properties (“User Generated Material”) that may be accessible and viewable by the public.

With respect to User Generated Material posted by you, you represent that (i) you created and own the rights to the content or you have the owner’s express permission to post such content, and (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks or privacy rights) or violate any applicable laws, rules or regulations, these Terms or any of our other posted policies.

User Generated Material must not:

  • Contain any material which is false, defamatory, libellous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic or otherwise offensive, inappropriate, damaging, unlawful, disruptive or harmful;
  • Violate our or any other person’s legal rights (including the rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate or assist any illegal activity or unlawful act;
  • Create or threaten harm to any person or loss or damage to any property;
  • Include other peoples’ personal information, such as another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual;
  • Infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or other proprietary rights of Omorfie or any other person;
  • Seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • Misrepresent your identity or affiliation with any person or organisation, including Omorfie;
  • Seek to collect other users’ e-mail addresses and/or their usernames or passwords for their Accounts or other services by electronic or other means for any purpose, including to send unsolicited e-mail or other electronic communications;
  • Seek to collect other users’ e-mail addresses and/or their usernames or passwords for their Accounts or other services by electronic or other means for any purpose, including to send unsolicited e-mail or other electronic communications;
  • Seek to transmit chain letters, bulk or junk e-mail, whether automated or not, or interfere with, disrupt or create an undue burden on Omorfie or the networks or services connected to the Properties or install or attempt to install or promote spyware, malware or other computer code on our computers or equipment or the computers or equipment of third parties; or
  • Involve commercial activities such as contests, sweepstakes and/or other sales promotions, barter, advertising or offers of sale or purchase of goods and services; or
  • Be otherwise objectionable or non-family friendly as determined by OMORFIE at its sole discretion.

We do not claim ownership to User Generated Material. However, by posting User Generated Material, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, non¬exclusive, irrevocable, royalty-free, fully paid license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitise, compress, optimise, modify, reformat, edit, adapt, publish in searchable format, and remove such User Generated Material and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Generated Material for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Generated Material, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. You agree to pay all royalties, fees and other monies owing to any person or entity by reason of the User Generated Material that you post on the Properties.

 

We may refuse, alter, or remove a User Submission without notice for any reason at Omorfie's sole discretion, including our belief that a User Submission may violate these Terms or be otherwise objectionable. If and to the extent that we elect to accept User Generated Material, we have the right, but not the obligation, to monitor, review, screen, post, remove, reject, modify and store all User Generated Material posted on the Properties, at any time and for any reason, without notice, including to ensure that all such User Generated Material complies with these Terms. We do not endorse any User Generated Material and the User Generated Material posted does not reflect our opinions, views or advice. You are solely responsible for your User Generated Material and the consequences of posting and publishing it and you agree that we are acting only as a passive conduit for your online distribution and publication of your User Generated Material. We take no responsibility and assume no liability for any User Generated Material that you or any other user or third-party posts or sends on or through the Properties, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible for your conduct on the Properties and your interactions with other users.

Notwithstanding our rules with regard to User Generated Material, you may be exposed to content on the Properties that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose or in violation of our Terms. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Generated Material on the Properties, whether or not it violates our Terms.

If and to the extent that we elect to accept User Generated Material, please choose carefully the information you post on the Properties and that you give to other users. You are discouraged from publicly posting your full name, telephone number, street address, e-mail address or other information that identifies you or allows strangers to find you or to steal your identity. You assume all risks associated with dealing with other users with whom you come in contact through the Properties, and to the extent that the law permits, you release us from any claims or liability related to any User Generated Material posted on the Properties and from any claims related to the conduct of any other users.

 

Mobile Service

OMORFIE (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

 

  1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrolment forms. Regardless of the opt-in method you utilised to join the Program, you agree that this Agreement applies to your participation in the Program. 
  2.  User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognise and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that OMORFIE and its service providers will have no liability for failing to honour such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
  3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of [Describe company’s goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be allowed under the TCPA]. Messages may include checkout reminders
  4.  Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
  5. Support Instructions: For support regarding the program e-mail us at sms@omorfie.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above
  6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
  7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages
  8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions
  9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
  10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libellous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
  11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in West Perth, Western Australia before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which OMORFIE’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorised by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
  12. Florida Law: We endeavour to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
  13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

 

Intellectual Property Rights

All Materials are the property of Omorfie or our related entities and are protected by copyrights, trademarks, and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”). Except as expressly provided in these Terms, Omorfie or our related entities do not grant any express or implied right to use the Materials. The collection, arrangement and assembly of any Materials are the exclusive property of Omorfie or our related entities and are protected by Australian and international intellectual property laws, including copyright laws. All software used on the Site is the property of Omorfie or our related entities or our software suppliers and are protected by Australian and international intellectual property laws, including copyright laws. OMORFIE, OMORFIE BEAT THE HEAT, OMORFIE LET’S GET LUSH, QUENCH YOUR THIRST, LUSH HOUR are registered with IP Australia and are trademarks of OMORFIE or our related entities, in other countries. Related indicia and product trade dress are trademarks of Omorfie or our related entities. The absence of any product or service name from the section does not constitute waiver of trademark rights.  You may not use any Omorfie or related entity  trademarks to imply any endorsement or affiliation of any product or service without written permission from Omorfie. 

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, notify our Team at help@omorfie.com

Properties Content is selected by our editors and is editorial content. We do not accept or take advertising, except where we specifically indicate as such. We do not accept payment from third parties for products or Content to appear on the Properties. From time to time some of the Content may be sponsored or third-party content (“Sponsored Content”) and any such Sponsored Content will be clearly marked as such. When you subscribe to receive Content, you agree to receive Sponsored Content. If you would prefer not to receive such Sponsored Content you should unsubscribe by clicking the “Unsubscribe” link at the bottom of any email.

User Contact Information

You represent and warrant that all contact information that you submit to Omorfie through the Site is complete and accurate. By submitting your email contact information to Omorfie through the Site or through associated social media pages you authorise Omorfie to send emails to you. If you do not want to receive emails from Omorfie, you may request to be removed from our mailing list at: hello@omorfie.com if Omorfie has reasonable grounds to believe that the information you provided is untrue, inaccurate, incomplete, or outdated, Omorfie may suspend or terminate your account.

Privacy Policy

Your privacy is important to Omorfie. See privacy regarding information we collect through your use of the site.

Modification or Suspension of the Properties and Right to Terminate Your Use of the Properties

We reserve the right to change, suspend or discontinue any aspect of the Properties at any time and from time to time, in our sole discretion and without notice or liability, including by adding or eliminating certain features or discontinuing the Properties entirely. Any description of features on the Properties shall not be considered to be a representation by Omorfie that such features will always be included on the Properties. From time to time, we may restrict access to some or all of the Properties, including for Registered Users. We also reserve the right to terminate or suspend your Account or restrict your use of or access to the Properties, without notice or liability, for any reason or no reason at our sole discretion. Accordingly, for any reason, and without notice, all or any part of the Properties may become unavailable to you at any time and for any period.

If we suspend or discontinue any aspect of the Properties or terminate your Account, we are not responsible for providing you with any information or content. We may also delete your other preferences and interests to the extent stored within or in connection with your Account. You have no recourse with regard to any information that we delete regardless of any value you may ascribe to such information. We expressly disclaim any value you may attribute to any of your information stored on our servers.

Linked Destinations and Advertising

The Properties may contain links to other websites, including, but not limited to, advertisements and other content posted by us or by third-parties (“Linked Sites”). You may also navigate to the Properties from links, often provided by us, deployed by third parties in their social media, advertisements and other marketing activities (the locations where these links are placed are also considered Linked Sites). Access to or from Linked Sites is made available by Omorfie only as a convenience. Such Linked Sites are not owned, operated or controlled by us and if you visit Linked Sites, you do so entirely at your own risk and subject to the terms of use and privacy policies of such Linked Sites. Please be careful to read the terms of use and privacy policies of any Linked Sites before you provide any personal or other information to, or engage in any activity on, such Linked Sites. Any terms, conditions, warranties or representations included in the Linked Sites are solely between you and the relevant providers of the Linked Sites. You cannot rely on our Terms and/or our Privacy Policy to govern your use of another website or destination.

We do not endorse, and Omorfie expressly disclaims responsibility and liability for, Linked Sites, including with respect to the content, products and services provided by the Linked Sites. Any interactions you have with Linked Sites are between you and the Linked Sites and you agree that Omorfie is not liable for any damage or loss you may suffer as a result of any interactions with any such Linked Sites or any claims that you may have against any such Linked Sites.

Disclaimer

The information, software, products and services included in or available through the properties are continually upgraded and updated. While Omorfie will use commercially reasonable efforts to verify the accuracy of any information it places on the Properties, Omorfie does not warrant or represent that such information, products and/or services are reliable, accurate, complete, uninterrupted, error free, secure or free of defects, viruses or bugs. ACCORDINGLY, THE PROPERTIES IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND AND YOUR USE OF THE PROPERTIES IS ENTIRELY AT YOUR OWN RISK. OMORFIE AND/OR ITS SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, REGARDING THE PROPERTIES, INFORMATION, SOFTWARE, PRODUCTS SERVICES OR RELATED GRAPHICS, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN STATES AND JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED.

OMORFIE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY INFORMATION, PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PROPERTIES OR ANY LINKED SITE AND OMORFIE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY LINKED SITE. ANY SUCH LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY. IF YOU CHOOSE TO CLICK ON ANY SUCH LINKS, YOU ACKNOWLEDGE AND AGREE THAT YOU, NOT OMORFIE, ARE DISPLAYING ITS CONTENTS AND YOU ACCESS SUCH LINKED SITES AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED BY ANY SOCIAL MEDIA SERVICES IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH SOCIAL MEDIA ACCOUNTS. You acknowledge and agree that any reliance on the information and other materials included on the Properties shall be at your sole risk and responsibility. Omorfie reserves the right, in its sole and absolute discretion, to correct any errors or omissions in any part of the Properties and to make changes to the services, materials, products, programs and features included therein at any time with or without notice.

Limitation of Liability

You expressly understand and agree that Omorfie and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors are not liable to you for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Omorfie has been advised of the possibility of such damages), however arising (including negligence), and will in no event be liable to you for any claims arising from your use of the site or these terms in an amount greater than U.S. $50.00. Some jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you.

If any legislation or law implies into these Terms any term or warranty and also prohibits provisions in a contract excluding the application or exercise of that term or warranty then, to the maximum extent permitted by law, our liability for a breach of such a term or warranty will be limited, at our sole option, to any one or more of the following: supplying your ordered products again, payment of the Shipping Fee to have your ordered products supplied again.

Indemnity and Release

You agree to defend, indemnify, and hold harmless Omorfie and its agents, managers, affiliates, licensors, licensees, successors and assigns and each of their respective directors, officers, contractors, employees, agents, service providers and partners (“Indemnified Parties”), from and against any demands, losses, cost or debt, liabilities, claims or expenses (including reasonable attorneys’ fees) made against Omorfie by any third party due to or arising out of or in connection with (i) your use of and access to the Properties, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your User Generated Material or any that is submitted via your account; or (vi) any other party’s access and use of the Properties with your unique username, password, or other appropriate security code.

Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms, the Privacy Policy and/or any use by you of the Properties.

General

If any provision of these Terms are prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and shall not in any way affect the validity or enforcement of the remainder of these Terms. 

These Terms are governed by and is to be construed in accordance with the law applicable in Queensland, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Queensland, Australia.

Entire Agreement

These Terms and the other agreements referred to herein constitute the sole and entire agreement between you and Omorfie with respect to the Properties and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Properties. 

It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please feel free to contact our Customer Experience team at hello@omorfie.com

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