Terms & Conditions

This website is operated by Oddprod. Throughout the site, the terms “we”, “us” and “our” refer to Oddprod. Oddprod offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.



By visiting our site and/ or purchasing something from us, you engage in
our “Service” and agree to be bound by the following terms and
conditions (“Terms of Service”, “Terms”), including those additional
terms and conditions and policies referenced herein and/or available by
hyperlink. These Terms of Service apply to all users of the site,
including without limitation users who are browsers, vendors, customers,
merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using
our website. By accessing or using any part of the site, you agree to be
bound by these Terms of Service. If you do not agree to all the terms
and conditions of this agreement, then you may not access the website or
use any Services. If these Terms of Service are considered an offer,
acceptance is expressly limited to these Terms of Service.



Any new features or tools which are added to the current store shall
also be subject to the Terms of Service. You can review the most current
version of the Terms of Service at any time on this page. We reserve
the right to update, change or replace any part of these Terms of
Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your
continued use of or access to the website following the posting of any
changes constitutes acceptance of those changes.
Our store is hosted on WordPress. They provide us with the online
e-commerce platform that allows us to sell our products and Services to
you.



SECTION 1 - ONLINE STORE TERMS



By agreeing to these Terms of Service, you represent that you are at
least the age of majority in your state or province of residence, or
that you are the age of majority in your state or province of residence
and you have given us your consent to allow any of your minor dependents
to use this site.



You may not use our products for any illegal or unauthorized purpose nor
may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws).



You must not transmit any worms or viruses or any code of a destructive nature.



A breach or violation of any of the Terms will result in an immediate termination of your Services.



SECTION 2 - GENERAL CONDITIONS



We reserve the right to refuse service to anyone for any reason at any time.



You understand that your content (not including credit card
information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over
networks.



You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the Service or
any contact on the website through which the service is provided,
without express written permission by us.



The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.



SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION



We are not responsible if information made available on this site is not
accurate, complete or current. The material on this site is provided
for general information only and should not be relied upon or used as
the sole basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of information. Any
reliance on the material on this site is at your own risk.



This site may contain certain historical information. Historical
information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this site
at any time, but we have no obligation to update any information on our
site. You agree that it is your responsibility to monitor changes to
our site.



SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES



Prices for our products are subject to change without notice.



We reserve the right at any time to modify or discontinue the Service
(or any part or content thereof) without notice at any time.



We shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of the Service.



SECTION 5 - PRODUCTS OR SERVICES (if applicable)



Certain products or Services may be available exclusively online through
the website. These products or Services may have limited quantities and
are subject to return or exchange only according to our Return Policy.
To view our Return Policy, please visit [LINK TO RETURN POLICY]



We have made every effort to display as accurately as possible the
colors and images of our products that appear at the store. We cannot
guarantee that your computer monitor's display of any color will be
accurate.
We reserve the right, but are not obligated, to limit the sales of our
products or Services to any person, geographic region or jurisdiction.
We may exercise this right on a case-by-case basis. We reserve the right
to limit the quantities of any products or Services that we offer. All
descriptions of products or product pricing are subject to change at
anytime without notice, at the sole discretion of us. We reserve the
right to discontinue any product at any time. Any offer for any product
or service made on this site is void where prohibited.



We do not warrant that the quality of any products, Services,
information, or other material purchased or obtained by you will meet
your expectations, or that any errors in the Service will be corrected.



SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION



We reserve the right to refuse any order you place with us. We may, in
our sole discretion, limit or cancel quantities purchased per person,
per household or per order. These restrictions may include orders placed
by or under the same customer account, the same credit card, and/or
orders that use the same billing and/or shipping address. In the event
that we make a change to or cancel an order, we may attempt to notify
you by contacting the e-mail and/or billing address/phone number
provided at the time the order was made. We reserve the right to limit
or prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly
update your account and other information, including your email address
and credit card numbers and expiration dates, so that we can complete
your transactions and contact you as needed.



For more detail, please review our Returns Policy.



SECTION 7 - OPTIONAL TOOLS



We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.



You acknowledge and agree that we provide access to such tools ”as is”
and “as available” without any warranties, representations or conditions
of any kind and without any endorsement. We shall have no liability
whatsoever arising from or relating to your use of optional third-party
tools.



Any use by you of the optional tools offered through the site is
entirely at your own risk and discretion and you should ensure that you
are familiar with and approve of the terms on which tools are provided
by the relevant third-party provider(s).



We may also, in the future, offer new Services and/or features through
the website (including, the release of new tools and resources). Such
new features and/or Services shall also be subject to these Terms of
Service.



SECTION 8 - THIRD-PARTY LINKS



Certain content, products and Services available via our Service may include materials from third-parties.



Third-party links on this site may direct you to third-party websites
that are not affiliated with us. We are not responsible for examining or
evaluating the content or accuracy and we do not warrant and will not
have any liability or responsibility for any third-party materials or
websites, or for any other materials, products, or Services of
third-parties.



We are not liable for any harm or damages related to the purchase or use
of goods, Services, resources, content, or any other transactions made
in connection with any third-party websites. Please review carefully the
third-party's policies and practices and make sure you understand them
before you engage in any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be directed to the
third-party.



SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS



If, at our request, you send certain specific submissions (for example
contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by
email, by postal mail, or otherwise (collectively, 'comments'), you
agree that we may, at any time, without restriction, edit, copy,
publish, distribute, translate and otherwise use in any medium any
comments that you forward to us. We are and shall be under no obligation
(1) to maintain any comments in confidence; (2) to pay compensation for
any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that
we determine in our sole discretion to be unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or these
Terms of Service.
You agree that your comments will not violate any right of any
third-party, including copyright, trademark, privacy, personality or
other personal or proprietary right. You further agree that your
comments will not contain libelous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other malware that
could in any way affect the operation of the Service or any related
website. You may not use a false e-mail address, pretend to be someone
other than yourself, or otherwise mislead us or third-parties as to the
origin of any comments. You are solely responsible for any comments you
make and their accuracy. We take no responsibility and assume no
liability for any comments posted by you or any third-party.



SECTION 10 - PERSONAL INFORMATION



Your submission of personal information through the store is governed by
our Privacy Policy. To view our Privacy Policy, please see [LINK TO
PRIVACY POLICY]



SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS



Occasionally there may be information on our site or in the Service that
contains typographical errors, inaccuracies or omissions that may
relate to product descriptions, pricing, promotions, offers, product
shipping charges, transit times and availability. We reserve the right
to correct any errors, inaccuracies or omissions, and to change or
update information or cancel orders if any information in the Service or
on any related website is inaccurate at any time without prior notice
(including after you have submitted your order).



We undertake no obligation to update, amend or clarify information in
the Service or on any related website, including without limitation,
pricing information, except as required by law. No specified update or
refresh date applied in the Service or on any related website, should be
taken to indicate that all information in the Service or on any related
website has been modified or updated.



SECTION 12 - PROHIBITED USES



In addition to other prohibitions as set forth in the Terms of Service,
you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international,
federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property
rights or the intellectual property rights of others; (e) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity,
race, age, national origin, or disability; (f) to submit false or
misleading information;


(g) to upload or transmit viruses or any other type of malicious code
that will or may be used in any way that will affect the functionality
or operation of the Service or of any related website, other websites,
or the Internet; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or (k) to interfere with or
circumvent the security features of the Service or any related website,
other websites, or the Internet. We reserve the right to terminate your
use of the Service or any related website for violating any of the
prohibited uses.



SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY



We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.



We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.



You agree that from time to time we may remove the service for
indefinite periods of time or cancel the service at any time, without
notice to you.
You expressly agree that your use of, or inability to use, the service
is at your sole risk. The service and all products and Services
delivered to you through the service are (except as expressly stated by
us) provided 'as is' and 'as available' for your use, without any
representation, warranties or conditions of any kind, either express or
implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall Oddprod, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, service providers
or licensors be liable for any injury, loss, claim, or any direct,
indirect, incidental, punitive, special, or consequential damages of any
kind, including, without limitation lost profits, lost revenue, lost
savings, loss of data, replacement costs, or any similar damages,
whether based in contract, tort (including negligence), strict liability
or otherwise, arising from your use of any of the service or any
products procured using the service, or for any other claim related in
any way to your use of the service or any product, including, but not
limited to, any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of the use of the service or any
content (or product) posted, transmitted, or otherwise made available
via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental damages, in such
states or jurisdictions, our liability shall be limited to the maximum
extent permitted by law.



SECTION 14 - INDEMNIFICATION



You agree to indemnify, defend and hold harmless Oddprod and our parent,
subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers,
interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising
out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a
third-party.



SECTION 15 - SEVERABILITY



In the event that any provision of these Terms of Service is determined
to be unlawful, void or unenforceable, such provision shall nonetheless
be enforceable to the fullest extent permitted by applicable law, and
the unenforceable portion shall be deemed to be severed from these Terms
of Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.



SECTION 16 - TERMINATION



The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all
purposes.



These Terms of Service are effective unless and until terminated by
either you or us. You may terminate these Terms of Service at any time
by notifying us that you no longer wish to use our Services, or when you
cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to
comply with any term or provision of these Terms of Service, we also
may terminate this agreement at any time without notice and you will
remain liable for all amounts due up to and including the date of
termination; and/or accordingly may deny you access to our Services (or
any part thereof).



SECTION 17 - ENTIRE AGREEMENT



The failure of us to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or
provision.



These Terms of Service and any policies or operating rules posted by us
on this site or in respect to The Service constitutes the entire
agreement and understanding between you and us and govern your use of
the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and
us (including, but not limited to, any prior versions of the Terms of
Service).
Any ambiguities in the interpretation of these Terms of Service shall
not be construed against the drafting party.



SECTION 18 - GOVERNING LAW



These Terms of Service and any separate agreements whereby we provide
you Services shall be governed by and construed in accordance with the
laws of Australia.



SECTION 19 - CHANGES TO TERMS OF SERVICE



You can review the most current version of the Terms of Service at any time at this page.



We reserve the right, at our sole discretion, to update, change or
replace any part of these Terms of Service by posting updates and
changes to our website. It is your responsibility to check our website
periodically for changes. Your continued use of or access to our website
or the Service following the posting of any changes to these Terms of
Service constitutes acceptance of those changes.



SECTION 20 - CONTACT INFORMATION



Questions about the Terms of Service should be sent to us at jeffrey@oddprod.com.au.



Our contact information is posted below:
OddProd
jeffrey@oddprod.com
ABN 80 202 292 133

Privacy Policy

This Privacy
Policy describes how your personal information is collected, used, and
shared when you visit or make a purchase from oddprod.com.au (the “Site”).



PERSONAL INFORMATION WE COLLECT



When you visit the Site, we automatically collect certain information
about your device, including information about your web browser, IP
address, time zone, and some of the cookies that are installed on your
device. Additionally, as you browse the Site, we collect information
about the individual web pages or products that you view, what websites
or search terms referred you to the Site, and information about how you
interact with the Site. We refer to this automatically-collected
information as “Device Information.”



We collect Device Information using the following technologies:



- “Cookies” are data files that are placed on your device or
computer and often include an anonymous unique identifier. For more
information about cookies, and how to disable cookies, visit
http://www.allaboutcookies.org.


- “Log files” track actions occurring on the Site, and collect data
including your IP address, browser type, Internet service provider,
referring/exit pages, and date/time stamps.


- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.


Additionally when you make a purchase or attempt to make a purchase
through the Site, we collect certain information from you, including
your name, billing address, shipping address, payment information
(including credit card numbers, email address, and phone number. We
refer to this information as “Order Information.”



When we talk about “Personal Information” in this Privacy Policy, we are
talking both about Device Information and Order Information.



HOW DO WE USE YOUR PERSONAL INFORMATION?



We use the Order Information that we collect generally to fulfill any
orders placed through the Site (including processing your payment
information, arranging for shipping, and providing you with invoices
and/or order confirmations). Additionally, we use this Order
Information to:


Communicate with you;


Screen our orders for potential risk or fraud; and


When in line with the preferences you have shared with us, provide you
with information or advertising relating to our products or services.


We use the Device Information that we collect to help us screen for
potential risk and fraud (in particular, your IP address), and more
generally to improve and optimize our Site (for example, by generating
analytics about how our customers browse and interact with the Site, and
to assess the success of our marketing and advertising campaigns).


SHARING YOUR PERSONAL INFORMATION



We share your Personal Information with third parties to help us use
your Personal Information, as described above. For example, we use
WordPress to power our online store--you can read more about how
WordPress uses your Personal Information here:
https://en-au.wordpress.org/about/privacy/. We also use Google
Analytics to help us understand how our customers use the Site--you can
read more about how Google uses your Personal Information here:
https://www.google.com/intl/en/policies/privacy/. You can also opt-out
of Google Analytics here: https://tools.google.com/dlpage/gaoptout.



Finally, we may also share your Personal Information to comply with
applicable laws and regulations, to respond to a subpoena, search
warrant or other lawful request for information we receive, or to
otherwise protect our rights.



BEHAVIOURAL ADVERTISING


As described above, we use your Personal Information to provide you with
targeted advertisements or marketing communications we believe may be
of interest to you. For more information about how targeted advertising
works, you can visit the Network Advertising Initiative’s (“NAI”)
educational page at
http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.



You can opt out of some of these services by visiting the Digital
Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.



DO NOT TRACK


Please note that we do not alter our Site’s data collection and use
practices when we see a Do Not Track signal from your browser.



DATA RETENTION


When you place an order through the Site, we will maintain your Order
Information for our records unless and until you ask us to delete this
information.



CHANGES


We may update this privacy policy from time to time in order to reflect,
for example, changes to our practices or for other operational, legal
or regulatory reasons.


CONTACT US


For more information about our privacy practices, if you have questions,
or if you would like to make a complaint, please contact us by e-mail
at jeffrey@oddprod.com.au

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