TERMS OF USE

Introduction
RC Waves Pty Ltd trading as Ozmosis (ACN 068 999 520) is the owner and operator of the ozmosis.com.au website. Your use of this website is conditional upon your acceptance and compliance with the terms, conditions, notices, policies and disclaimers without alteration as set out here in the Terms of Use ("Terms") in addition to those set out under the sections covering Privacy, Delivery and Customer Service.

Agreement
Your use of this website constitutes your agreement to the Terms. In its sole and absolute discretion Ozmosis reserves the right to vary or modify the Terms at any time and without notice to you. If you do not agree with variations made to the Terms you should cease using this website immediately as your continued use of the website after any variation becomes effective constitutes an agreement by you to abide and be bound by the Terms, as so varied.

Capacity
Persons under eighteen (18) years of age require the consent of their parents or legal guardian(s) before using this website. The products on this website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under eighteen (18) years of age or any other persons who are legally prohibited from entering into binding contracts.

Viruses
You agree not to load up any virus, Trojan horse or malicious software to this website or to do anything that is likely to harm this website or cause harm to the computer systems of Ozmosis or to the system of any person that may access this website.

Ozmosis does not represent that any information (including any file) obtained from or through this website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses and to maintain suitable virus protection for your computer or system. Ozmosis will not be liable to you or to any other person for any loss or damage which may result directly or indirectly from any such information.

Links to Other Websites
This website may contain links to other third party websites on the Internet that are not owned, controlled or associated with Ozmosis. You acknowledge that Ozmosis is not responsible for the operation of or content located on or through any such website. Ozmosis does not make any endorsement or any representation as to the accuracy, reliability or completeness of information contained on those websites and will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those websites.

Intellectual Property
Ozmosis reserves intellectual property rights over all materials and content (including but not limited to logos, graphics, icons, images, text, site design and layout) appearing on this website or is permitted by the copyright owner to use the content on this website. All software used on this website is the sole property of Ozmosis or the software supplier. Except as permitted by the Copyright Act 1968 (Cth) no part of this website may be copied, reproduced, modified, republished, uploaded, posted, distributed, performed in public or transmitted in any form or by any process without the specific prior written consent of Ozmosis. Any unauthorised use of the materials and content appearing on this website may violate copyright, trademark and other applicable intellectual property laws.

Orders
Any order placed by you in the manner described in this website is an offer to purchase a particular product for the price including the delivery and other charges and taxes specified in this website. Receipt of any electronic or other order confirmation does not signify our acceptance of your order, nor does it create a binding purchase contract. Ozmosis reserves the right to refuse or not accept your offer at any time without giving reason. If you have already been charged for the purchase and your order is not accepted Ozmosis will refund you in the amount of the charge in the same tender as the original payment. Ozmosis may also at any time supply less than the quantity you ordered of any item without prior notice to you.

Acceptance of the Goods
You are responsible for inspecting the goods for fault and notifying us within 7 working days of receiving

Pricing
Prices are subject to change without notice. All prices on this website are in Australian Dollars (AUD$) and include GST (10%). Ozmosis reserve the right to have online pricing that is different to our bricks & mortar stores.

Risk and Title
Ozmosis retains title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by postal or courier service. It is your responsibility to obtain any suitable insurance.

Indemnity
You agree to indemnify Ozmosis and its owners, directors, officers, employees and agents against all claims for which they may become liable, arising from or contributed to by:
a. any act, neglect, default or omission by you
b. your use of this website
c. any breach of this Agreement by you

Limitation of Liability
Ozmosis will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through this website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Ozmosis has been advised of the possibility of such damages.
Where any Act of Parliament implies in the Terms any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms, however, the liability of Ozmosis for any breach of such term, condition or warranty shall be limited, at the option of Ozmosis to any one or more of the following:
1. If the breach relates to goods:
a. The replacement of the goods or supply of equivalent goods;
b. The repair of such goods;
c. The payment of the cost of replacing the goods or of acquiring equivalent goods; or
d. The payment of the cost of having the goods repaired; and
2. If the breach to relates to services:
a. The supplying of the services again; or
b. The payment of the cost of having the services supplied again.

Privacy
You agree to the privacy policy outlined on this website. This privacy information forms part of the Terms associated with this website. To read this information click here.

Customer Service
You agree to the customer service policy outlined on this website. This customer service information forms part of the Terms associated with this website. To read this information click here.

Delivery
You agree to the delivery policy outlined on this website. This delivery information forms part of the Terms associated with this website. To read this information click here.

Listing Errors
In the event a product is listed at an incorrect price or with incorrect information Ozmosis shall have the right to refuse or cancel any orders placed for that product. Ozmosis shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and payment has been processed. If you have already been charged for the purchase and your order is cancelled Ozmosis will refund you in the amount of the charge in the same tender as the original payment.

Disclaimer
While the information contained in this website is believed to be accurate and current please be aware that your use of this website is at your own risk. Ozmosis, its` directors, officers or employees gives no warranty, guarantee or representation as to the reliability, accuracy, timeliness or completeness of the information contained on this website and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in this website. Your reliance upon any information on this website is at your sole risk. Ozmosis is not liable for any loss, damage or claims that may arise as a result of you or a third party acting on the information contained on this website.

Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the state of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of Victoria, Australia. In the event that any part of these Terms become unenforceable or invalid then that part of the Terms will be deemed to be severed and the remaining Terms will continue to operate.