• Vendor Center
  • Download

Terms of Use

The users of this website "omgee.com.au" are suggested to read our carefully.

 

 Website Terms of Use

Omgee.com.au (“Website Owner”) owns and operates this Website and may also be referred to as ‘we’ or ‘us’ throughout this contract. Access to and use of this Website and the products and services available through this Website (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use). By using the Services, our customers (you), are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use. Please exit this Site immediately if you are not of legal age for consuming alcoholic beverages in the country or territory in which you are located. Content is to be viewed by or shared with those over the legal drinking age only.

1. Amendments to Terms of Uses

Website Owner reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of this Website following such notification will represent an agreement to be bound by the terms and conditions as amended.

2. Website

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if, for any reason, this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

3. Linked sites

This Website may contain links to other websites (Linked Sites), which are not operated by Website Owner. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such site.

4. Privacy policy

Our privacy policy, which sets out how we will use your information, can be found at https://omgee.com.au/home/legal/privacy_policy. By using this Website, you consent to the processing described in the privacy policy and warrant that all data provided by you is accurate.

5. Prohibitions

(a) You must not misuse this Website. You will not:

(i) commit or encourage a criminal offence;

(ii) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

(iii) hack into any aspect of the Service; corrupt data; cause annoyance to other users;

(iv) infringe upon the rights of any other person's proprietary rights;

(v) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or

(vi) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

Breaching this provision may/would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will also without further warning issue civil proceedings against you for any losses that we incur or are likely to incur in the future and be entitled to receive the actual legal costs that we incur as a result of such court proceedings.

(b) We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.

6. Intellectual property, software and content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of website owner or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by website owner and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

7. Disclaimer of liability

(a) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.

(b) To the fullest extent permitted by law, Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

(c) This does not affect our liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

(d) The law applicable to this agreement is the law of the Commonwealth of Australia and the law of the State of New South Wales. Any court proceedings relating to this Contract must be heard by the courts of and in New South Wales.

8. Logistics

(a) Website Owner will provide an estimate of duties and taxes applicable in your destination country at checkout. Your duties and taxes will be finalised and payable upon arrival for custom clearance. Every country in the world will levy duties and/or taxes on the importation of alcoholic beverages and these import charges are an additional charge to the products that you have ordered and to freight cost of any products ordered. Please make sure to check your country's duty and tax laws on alcohol beverages before placing an order.

If Customs in your country refuses shipment and returns the ordered item back to us, Website Owner will refund the full amount less the freight cost (To and Return), a cancellation fee and any duties, excise, tax and customs charges that have been incurred by Website Owner. If shipment is refused and returned to us due to your failure to pay the required duties and taxes or to comply with your country’s applicable laws, you will forfeit your right to any refund from Website Owner and will be liable to pay the freight cost and any duties, excise, tax and customers charges that have been incurred by Website Owner. You take responsibility to make sure that the shipment of the products doesn’t breach the applicable laws of your country.

All purchases with standard freight and delivery are not covered by insurance. Insurance can be purchased in addition to the freight cost at checkout. Website Owner is not responsible for any claims as the result of loss, damage, delay, non-delivery, mis-delivery or misinformation, unless you purchase insurance cover at the appropriate value of the products. Website Owner is not responsible for any claims as the result of loss, damage, delay, non-delivery, mis-delivery or misinformation due to acts of God that are out of our control, such as (and without limiting same) epic storms, natural disasters, pandemics or any other extraordinary circumstance that causes unforeseen interference with carrier routes.

(b) Insurance is optional and available on all deliveries at A$20.00 per order or at the rate of 2% of the total value of your order, whichever is greater.

9. Linking to this website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part unless you have our written consent that such association, approval or endorsement exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

10. Disclaimer as to ownership of trademarks, images of personalities and third-party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Website Owner and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Website Owner.

11. Indemnity

You agree to indemnify, defend and hold harmless Website Owner, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, the total of our legal fees) arising from your use of this Website or your breach of the Terms of Use.

12. Variation

Website Owner has the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page or part of any page of this Website.

13. Invalidity

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the errant clause or clauses must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

14. Cashback

Subject to applicable laws and these Terms of Use, you may request a cashback on certain purchases as long as your account remains active with us. Cashback will be stored in your e-wallet on the platform. If you deregister or delete your account, your cashback e-wallet balance will be forfeited. The cashback is a reward originating from product purchases or referrals. Website Owner will retain a 3% administration fee as well as any incurred bank fees on any refund or cashback provided. No administration fee will be charged if cashback is used on the next purchase. Cashbacks may only be utilized in the following ways:

(a) In subsequent purchases;

(b) If $200 or more has been accumulated, then the amount may be withdrawn to a bank account of your choice; or

(c) Marketing, promotional or other services, as determined by the Website Owner.

15. Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know in writing if you have any complaints or want to give us feedback. Please send all your feedback to omgee@omgee.com.au and we will endeavour to get back to you within 2 business days.

16. Affiliates

16.1 Affiliates

Website Owner operates an affiliate program. The affiliates are bound by this agreement, including clause 9, with the exception that with written permission of the website owner they may link to specific products or subpages. Affiliates must receive written permission from us regarding any content they intend to post, that is not the standard content as provided during the affiliate signup process. Website Owner will provide approved marketing material at the following link: [link]. These submissions must be sent to afprogram@omgee.com.au, before they are shared publicly. Everything affiliates related will be using this email, including approval, email change or bank account details change, etc.

16.2 Requirement to be active

Affiliates must actively participate in the program. If an affiliate is not active for 60 days they will receive a reminder email. If they are not active for 90 days, they will be disqualified and must re-register. If the affiliate is disqualified from the platform all of their previous referrals will be disqualified.

16.3 Affiliate Sign-up form

This clause agreement and the affiliates sign up page [link] form the entirety of the agreement between website owner and the affiliate. The affiliates operate as freelancers and their activities do not form an employee/employer relationship.

16.4 Payment

The affiliate must provide the Website owner with an ABN or if outside Australia, a form of government identification, to receive their payouts as specified on the sign up page.

17. Liquor License Notice

7 Pelangi Pty Ltd (ACN 609 922 170. Package Liquor Licence LIQXA911019875) supports the responsible service of Alcohol per NEW LIQUOR ACT 2007. It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years. We will not serve or deliver alcohol to intoxicated persons.

18. Cancellations

You agree that once an order has been submitted through our website or via email or any electronic device, it may not be possible to be cancelled by you. If you wish to change or cancel your order, please contact us as soon as possible. Every attempt will be made to accommodate your request but we do not guarantee that we can cancel or change your order.

We may cancel your order before delivery in whole or in part, including in the circumstance that we have received payment from you or sent you a tax invoice, if:

(a) any of the ordered products are not available;

(b) there was an error in the price as advertised by us, even if that error was caused by us; or

(c) your order is in breach of these terms and conditions or the law.

Any discrepancy in relation to orders or purchase - needs to be brought to Website Owner’s attention within 3 days after you have placed the order or purchase. If no such discrepancy is advised, then it is deemed that the order has been properly received by the customer.

You can only exchange or return your purchased product if you inform us in writing due to product being faulty or damaged. The delivery fee will be deducted from the amount refunded to you. Cashback refund will be refunded into eWallet within 1-month subject to the faulty product being shipped back to our logistics address.

19. Prices

We reserve the right to change prices without notice. Any price change will not apply to orders placed before the price change.

20. Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

21. Remarketing

Your products will be kept in the cart for 30 days.

22. Minimum Orders

Minimum order values may change from time to time and may depend on your geographical location. Current prices are as displayed on the Website which takes into account your geographical location.

23. Agent

The website owner acts as an agent for the products sold on the platform and will not be liable for any action arising out of defects of the products, included but not limited to if the product is expired or any adverse health consequences experienced by you. Any such claims need to be raised directly with the product manufacturers. If such circumstances arise, we can provide you with the contact details of the relevant manufacturer.

24. Notice

Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed by registered mail, certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:

Sydney Corporate Park U5/ Building 4, 160 Bourke Road ALEXANDRIA NSW 2015 Australia

24. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.

25. Dispute Resolution

25.1. Requirement to Comply with Clause

(a) A party to this agreement may not commence legal proceedings, except proceedings seeking urgent interlocutory relief, in relation to any disputes concerning this agreement, without first complying with the dispute resolution procedures in this clause 19.

(b) This clause 19 survives termination of this agreement.

25.2. Negotiation

If a dispute arises between the parties, the parties to the dispute will, in good faith, use all reasonable endeavours to settle the dispute by negotiation.

25.3. Mediation

(a) If a dispute is not settled by the parties in accordance with clause 19.2 within a reasonable time of notification of dispute by either party, the parties will endeavour to settle the dispute by mediation.

(b) The parties agree to select a mediator within 14 days of the date of notice of intention to mediate.

(c) If no mediator can be agreed, the parties agree that a mediator will be appointed by the Australian Mediation Association

(d) The parties will share the cost of the mediator equally, but will each be responsible for their own costs of mediation.

25.4. Legal action

If the dispute cannot be resolved in accordance with clause 19.2, 19.3, either party may serve notice referring the dispute to legal action.

26. Interpretation

In this Agreement:

a) references to a person include an individual, form or a body, whether incorporated or unincorporated;

b) clause headings are for references only and shall not form part of this Agreement nor used in the interpretation of this Agreement;

c) if the time of doing an act or thing under this Agreement falls on a day which is not a Business Day, then the time of doing that act or thing shall be deemed to be the next Business Day;

d) words in the singular include the plural and vice versa in accordance with the context of which that word is used;

e) words importing a gender include other genders;

f) words denoting singular usage will be read as plural where that is appropriate or vice versa

g) a reference to a clause is a reference to a clause in this Agreement;

h) a reference to any of the words 'include', 'includes' and 'including' is to be read as if followed by the words "without limitation";

i) a reference to a statute, ordinance, code or law includes regulations and other instruments under it and any consolidations, amendments, re-enactments or replacements of any of them;

j) a reference to any party include that party's executors, administrators, substitutes, successors and permitted assigns; and each party has participated in the negotiating and drafting of this document and in the event of ambiguity or a question of interpretation arising, this Agreement is to be construed as if the Agreement was drafted jointly

k) We or us means Website Owner;

l) You means the customer named in this agreement.

click