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Terms of Service

Ngarong Consulting Pty Ltd
Trading as Ocinium
ACN 117695271 PO Box 301, Ryde, NSW 2112, Australia
Tel: +61 9800 9550 | Email: enquiries@ocinium.com
 
OCINIUM TERMS AND CONDITIONS 
  1. OVERVIEW

This website is owned and operated by Ocinium. Throughout the site, the terms “we”, “us” and “our” refer to Ocinium. Ocinium offers this website, including all information, tools and services available from this site to you, the user, on the condition of your acceptance of all the terms, conditions, policies and notices stated in this policy. Please read these Terms of Service carefully before accessing or using our website.

By visiting our site and/or purchasing our products, you engage in our “Service” and agree to be bound by the following terms and conditions. These Terms & Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content

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. 

All new features or tools which are added to our website 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 Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

  1. 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 unauthorised purpose nor may you, in the use of the product or 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 account and may result in legal action being taken against you.

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 product or service, use of the product or service, or access to the product or service or any contact on the website through which the product or service is provided, without express written permission by us.

  1. ACCURACY OF INFORMATION YOU SUBMIT

We are not responsible if the information you submit when engaging in our “Service”. Incorrect or out-dated information may result in errors made in the dispatch and delivery of your order. We are not responsible for said errors. It is your responsibility to ensure all information to submit to us is correct and up to date.

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.

  1. 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. 

  1. 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 nominated product (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.

  1. PRODUCTS AND / OR SERVICES

 Our products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

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.

  1. 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 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.

  1. 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. 

  1. 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 social media content, 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 are 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 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.

  1. 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 product 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.

  1. 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.

  1. 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 Ocinium, 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.

  1. INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Ocinium 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.

  1. 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. 

  1. 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). 

  1. COPYRIGHT

No part of Ocinium’s website or social media content may be reproduced, adopted or adjusted in any way without express written consent from Ocinium. This includes all imagery and written content found on Ocinium’s website, social media accounts and any other platforms owned by Ocinium and it’s associates.

  1. 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.

  1. 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.

  1. 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.

  1. CONTACT INFORMATION

 If you have any questions, concerns or comments in relation to our Terms & Conditions, please contact us in writing or via email:

OCINIUM, PO Box 301, Ryde, NSW 2112, Australia | Email: enquiries@ocinium.com

 

 

OCINIUM PRIVACY POLICY 

We place great importance on maintaining your personal privacy. Our privacy policy discloses what information we collect, and how we use it.

  1. WHY WE COLLECT PERSONAL INFORMATION

Under the Privacy Act 1988 (Cth), 'personal information' means "information or an opinion about an identified individual, or an individual who is reasonably identifiable". The information/ opinion does not have to be recorded in writing or be true.

We collect personal information from our customers so that we can: 

  • Provide you with a premier online shopping experience
  • Confirm your identity
  • Fulfil and track your orders
  • Respond to your queries
  • Keep you up to date with news, news, special offers, and other marketing information you have signed up to receive
  • To keep up with customer demographics so that we can make marketing and sales predictions
  • Analyse customer behaviour patterns to optimise the services we provide
  • Effectively market our products and service
  • Develop promotions, competitions and social media engagement opportunities
  1. HOW WE COLLECT PERSONAL INFORMATION

We collect personal information submitted on a strictly voluntary basis. We collect personal information in a number of different ways.

This includes: 

  • When you create an Ocinium account
  • When you respond to a survey or questionnaire
  • When you sign up for our email data base or newsletter
  1. INFORMATION WE MAY COLLECT
  • Your name
  • Your email address
  • Your IP address
  • Your billing & shipping address
  • Your Ocinium account’s login details
  • Your payment details
  • Where you clicked in from
  • What products / pages you viewed on ocinium.com
  1. HOW WE MAY USE YOUR INFORMATION 
  • To optimise the online shopping service we provide
  • To develop new products you may be interested in
  • To contact you in regards to promotional offers, deals and competitions
  • To update you on our latest news events
  • To send you surveys and request feedback on our services
  • To respond to any queries you may contact
  • To analyse and predict future consumer activities
  1. PUBLISHABLE CONTENT

When you submit content to us for publication (including but not limited to comments, testimonials, votes, or forum posts, social media posts tagging “Ocinium” or using the Hashtags #Ocinium or #OciniumSkincare) you assign us a transferrable, perpetual right to publish and/or commercially exploit said content without limitation. You also warrant in submitting such content that the content is owned or produced by yourself or you otherwise have permission to assign publication rights to us. Publication rights do not extend to fields specifically marked as private (e.g. your email address), except in cases of clear violations of our terms of use.

Content submitted by you for publication may be disclosed to all visitors of our website, and/or republished on other websites at our discretion. If you provide personal information either of your own or of any third party as part of publishable content, you warrant that you have permission to publish said information and indemnify us against any consequences resulting from the publication of said information.

If you find your personal information published on our website without your consent, please contact us immediately.

  1. OPT OUT

By using our website and engaging in our services, you agree to our terms & conditions, as well as the details of our privacy policy.  You may opt out of our communications at any point. Simply email us at enquiries@ocinium.com.

  1. DISCLOSURE OF INFORMATION TO THIRD PARTIES

We do not sell or disclose your information to third parties. We will only ever disclose your information to another party in the following circumstances: 

  • A party that is “related” to us under the Corporations Act 2001 (Cth)
  • Third parties we work with that help us provide our products and services
  • Third parties that provide us with marketing and advertising services
  1. SECURITY

We take your privacy very seriously. We will take all reasonable steps to ensure that the personal information we hold is not lost, misused, or inadvertently provided to unauthorised third parties, including by means of firewalls, password locking, truncation of credit card data, encryption of data in transit, and secured servers.

You acknowledge that the security of communications sent by electronic means cannot be guaranteed. You provide information to us via the internet at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not wholly within our control.

You must ensure the security and confidentiality of any username and/or password used by yourself to access this website. You agree that you will be held responsible for all activities which occur under your username and password (including but not limited to publication of illegal or defamatory material or any other unlawful activity, or unauthorised charging of your credit card).

You agree that we are not responsible for the privacy or security practices of any third party and that the collection and use of your information by third parties may be subject to separate privacy and security policies.

  1. COOKIES

 Web pages on www.ocinium.com may use cookies. Cookies are electronic tokens containing small amounts of information that are passed between a web browser and server. They are used to maintain session state between pages or to retain information between visits if you return to the website at a later time. Please note that disabling cookies may result in a reduction of available functionality on our site and interfere with our ability to provide you with our services.

  1. HOW TO CONTACT US

If you have any questions, concerns or comments in relation to how we collect, use, disclose manage or store your personal information, or would like to request access or changes to the information we hold, please contact us in writing or via email:

OCINIUM, PO Box 301, Ryde, NSW 2112, Australia | Email: enquiries@ocinium.com

 

 

OCINIUM SHIPPING POLICY 

 

Ocinium ships both nationwide and worldwide. Our shipping times and prices depend on your location. Ocinium is not responsible for orders that are delivered late. 

AUSTRALIA and NEW ZEALAND

Orders placed for delivery in Australia and New Zealand will be charged a flat rate of $15. Orders will take 4-7 days to reach their destination, depending on your location.

REST OF WORLD

Orders placed for in delivery all international locations, excluding New Zealand will be charged a flat rate of $25. Orders will take up to 21 days to reach their destination, depending on what country you reside in.

PLEASE NOTE:

You may be required to pay further shipping charges if you request a change in delivery date or a change in delivery address.

For any parcel shipped outside of Australia, you, “the recipient” will be liable for all import duties, customs, handling fees and local sales taxes levied by the country you are shipping your Ocinium order to. Payment of these amounts will be necessary to release your order from customs upon arrival. 

All prices and shipping costs are in Australian Dollars.

CONTACT DETAILS:

If you wish to contact us regarding an order or have an enquiry regarding our shipping policy, please contact us and we will be happy to assist you further.

Telephone: +61 2 9800 9550 | Email: enquires@ocinium.com 

 

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