Terms of Use

OPIQO WEBSITE TERMS OF USE

 

Welcome to our website.

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy governs Opiqo’s relationship with you in relation to this website. If you violate any of the terms of these Terms of Use we may, without limitation, have your access cancelled and you may be permanently banned from accessing, viewing, browsing and using the website.

 

1. Terms

By accessing this website you are agreeing to be bound by these website Terms of Use and our Privacy Policy, which is incorporated herein by reference. You agree to all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. Using the website will constitute your acceptance of these Terms of Use. If you do not agree to abide by these terms, please do not use the website. Opiqo may modify these Terms of Use from time to time, and your order of any products or services following such modification shall be deemed your acceptance of these Terms of Use as so modified. When you place an order that has been accepted by us, the Terms of Use that apply to that order are the Terms of Use that applied at the time you placed the order. For more information on privacy and how your information is used please visit our Privacy Policy.

The term Opiqo or ‘us’ or ‘we’ refers to the owner of the website, Jairus Pty Ltd as trustee for Jairus Trust, whose registered office is HWT Tower, Level 17, 40 City Road, Southbank, VIC 3006. The term ‘you’ refers to the user or viewer of our website.

 

2. Limited Licence and Website Access

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

Opiqo grants you a limited licence to access and make personal use of the website. You may not download (other than page caching) or modify the website, or any portion of it. The website or any portion of the website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Opiqo. 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 Opiqo without express written consent. You may not use any other "hidden text" utilising Opiqo name or trademarks without the express written consent of Opiqo. Any unauthorised use terminates the permission or limited licence granted by Opiqo. You may not use any Opiqo logo or other proprietary graphic or trademark as part of the link without express written permission of Opiqo. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

 

3. Governing Law

Any claim relating to Opiqo's website shall be governed by, construed and enforced in accordance with the laws of Victoria, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of Victoria.

 

4. Jurisdictional Issues

Opiqo is controlled and operated from Australia. Our websites are not subject to the laws or jurisdiction of any state, country or territory other than that of Victoria, Australia. Opiqo does not represent or warrant that any of its products and/or services, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access Opiqo do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit Opiqo’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion

 

5. Limitations on Liability

Other than as specified expressly in these terms and conditions we will not be liable for any loss or damage (including indirect or consequential loss or damage) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of an Opiqo service or Opiqo website except to the extent that such liability cannot be excluded by law. Your sole and exclusive remedy for dissatisfaction with services is to stop using the services, and your sole and exclusive remedy for dissatisfaction with products is to obtain a refund therefore in accordance with the terms of our Returns and Refunds Policy. To the fullest extent permissible by applicable law, the maximum liability of Opiqo arising out of or in connection with the provision of or failure to provide any products or services shall be the actual price paid therefore by you. Note: some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Your rights under the Australian Consumer Law: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Class Action Waiver: Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of our sites signifies your explicit consent to this waiver.

 

6. Copyright

All content on Opiqo websites including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, data compilations and software and its compilation is the property of Opiqo and is protected by Australian and International copyright laws.

You may not modify, create, copy, distribute, transmit, display, reproduce, duplicate, publish, licence, create derivative works from, or offer for sale any information contained on, or obtained from, the Opiqo website without our express written consent.

 

7. Your Opiqo Account

You may create an Opiqo account by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on the website. You agree not to disclose your username or password to any third party. You agree that you are solely and fully responsible for any activities or actions taken under your account, whether or not you have authorised such activities or actions. You will immediately notify Opiqo of any unauthorised use of your account on our websites. In order to create a member account with Opiqo, you must be at least 16 years of age. If you are not at least 16 years old, do not set up an account with Opiqo.

 

8. Policy and Idea Submission 

Some of our customers are interested in submitting ideas and suggestions for products and services to be used at Opiqo, either independently of, or in conjunction with, our internally developed concepts. We appreciate our customers' interest in improving the website; however, please note that Opiqo will own any such ideas or suggestions that you submit, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to Opiqo. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.) please do not submit them to us without our prior written approval.

You can inquire regarding such approval by sending a letter to Jairus Pty Ltd PO Box 9198, Scoresby VIC Australia 3179. Attn: Compliance Officer Idea Submission. If we are interested in pursuing any idea or suggestion of yours, we will contact you. Please note that an additional legal agreement may be required by Opiqo in order to evaluate your idea or suggestion.

If you have any questions regarding these terms, please contact: privacy@opiqo.com.au

 

BY ORDERING PRODUCTS OR USING SERVICES, OR BY OTHERWISE INDICATING ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS, AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS TO YOU.