Terms, Conditions & Legal.
O'Neils Affiliated Pty Ltd and it's webiste, oagems.com, provide its services to you subject to the following conditions. If you visit or shop at oagems.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future O'Neils Affiliated Pty Ltd service or visit or purchase from any business affiliated with O'Neils Affiliated Pty Ltd , whether or not included in the oagems.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
PURCHASING & ORDERING
1. 30-day credit terms to approved accounts.
2. PAYG terms for non-credit accounts.
3. Appro terms available on goods over $50.
4. No returns of invoiced goods without prior arrangement.
5. Minimum charge of $5.00 per line on each invoice before GST.
6. No appros for synthetic gems or cubic zirconia.
7. Postage payable on returned goods.
ELECTRONIC COMMUNICATIONS
When
you visit oagems.com or send e-mails to us, you are communicating with
us electronically. You consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting
notices on this site. You agree that all agreements, notices,
disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be
in writing.
COPYRIGHT
All content
included on this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software,
is the property of
O'Neils Affiliated Pty Ltd
or its content suppliers and protected by
international copyright laws. The compilation of all content on this
site is the exclusive property of
O'Neils Affiliated Pty Ltd
and protected by
international copyright laws. All software used on this site is the
property of
O'Neils Affiliated Pty Ltd
or its software suppliers and protected by
international copyright laws. Images created and owned by O'Neils Affiliated Pty Ltd and published on oagems.com may not be used elsewhere without the express permission of
O'Neils Affiliated Pty Ltd.
LICENSE AND SITE ACCESS
O'Neils Affiliated Pty Ltd
grants you a limited license to access and make personal use of this
site and not to download (other than page caching) or modify it, or any
portion of it, except with express written consent of o
O'Neils Affiliated Pty Ltd
. This
license does not include any resale or commercial use of this site or
its contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of this site or its
contents; any downloading or copying of account information for the
benefit of another merchant; or any use of data mining, robots, or
similar data gathering and extraction tools. This site or any portion of
this site may not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without
express written consent of
O'Neils Affiliated Pty Ltd. You may not frame or utilise
framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of
O'Neils Affiliated Pty Ltd
and our affiliates without express written consent. You may not use any
meta tags or any other "hidden text" utilizing
O'Neils Affiliated Pty Ltd/oagems.com's name or
trademarks without the express written consent of
O'Neils Affiliated Pty Ltd. Any
unauthorised use terminates the permission or license granted by
O'Neils Affiliated Pty Ltd. You are granted a limited, revocable, and nonexclusive right
to create a hyperlink to the home page of oagems.com so long as the
link does not portray oagems.com, its affiliates, or their products or
services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any
O'Neils Affiliated Pty Ltd
logo or other proprietary graphic
or trademark as part of the link without express written permission.
YOUR ACCOUNT
If
you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting access
to your computer, and you agree to accept responsibility for all
activities that occur under your account or password.
O'Neils Affiliated Pty Ltd
and its
affiliates reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in their sole discretion.
COPYRIGHT COMPLAINTS
O'Neils Affiliated Pty Ltd
respects the intellectual property of others. If you
believe that your work has been copied in a way that constitutes
copyright infringement, email us with your complaint.
RISK OF LOSS
All
items purchased from
O'Neils Affiliated Pty Ltd
are made pursuant to a shipment
contract. This means that the risk of loss and title for such items pass
to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
O'Neils Affiliated Pty Ltd
attempts to be as accurate as possible. However,
O'Neils Affiliated Pty Ltd
does not warrant that product descriptions or other content
of this site is accurate, complete, reliable, current, or error-free. If
a product offered by
O'Neils Affiliated Pty Ltd
itself is not as described, your sole
remedy is to return it in unused condition and we will rectify the issue
immediately. Images are made as colour-accurate as possible, however
due to the quality and settings of monitors, tablets and smartphones,
colour accuracy cannot be guaranteed to be uniform on all platforms
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS
SITE IS PROVIDED BY
O'Neils Affiliated Pty Ltd
ON AN "AS IS" AND "AS AVAILABLE" BASIS.
O'Neils Affiliated Pty Ltd
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY
AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW,
O'Neils Affiliated Pty Ltd
DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
O'Neils Affiliated Pty Ltd
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT
FROM
O'Neils Affiliated Pty Ltd
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
O'Neils Affiliated Pty Ltd
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL
OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By
visiting oagems.com, you agree that the laws of Australia, without
regard to principles of conflict of laws, will govern these Conditions
of Use and any dispute of any sort that might arise between you and
O'Neils Affiliated Pty Ltd
or its affiliates.
DISPUTES
Any
dispute relating in any way to your visit to oagems.com or to products
you purchase through oagems.com shall be submitted to confidential
arbitration in Brisbane, Australia, except that, to the extent you have
in any manner violated or threatened to violate
O'Neils Affiliated Pty Ltd
intellectual property rights,
O'Neils Affiliated Pty Ltd
may seek injunctive or other
appropriate relief in any court in Australia, and you consent to
exclusive jurisdiction and venue in such courts. Arbitration under this
agreement shall be conducted under the rules then prevailing of an
independent arbitrator. The arbitrator's award shall be binding and may
be entered as a judgment in any court of competent jurisdiction. To the
fullest extent permitted by applicable law, no arbitration under this
Agreement shall be joined to an arbitration involving any other party
subject to this Agreement, whether through class arbitration proceedings
or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please
review our other policies, posted on this site. These policies also
govern your visit to oagems.com. We reserve the right to make changes to
our site, policies, and these Conditions of Use at any time. If any of
these conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall not
affect the validity and enforceability of any remaining condition