OLG Terms and Conditions.
All Terms and Conditions described below apply to you, (the “User”) and your use of the OLG Website (the “Website”), and related networks, programmes, and processes, including online purchase of goods or services.
In browsing, ordering and/or purchasing through the Website, the User agrees to all Terms and Conditions, as described below.
In these Terms and Conditions:
Agreement refers to all terms and conditions, and includes terms related to orders placed by the User via the Website (where applicable).
Customer refers to the person or legal entity named in any quote, invoice or sales document issued by OLG.
Delivery Cost includes all costs associated with delivery, as detailed in an Order.
Goods refers to all Products listed in an Order.
Intellectual Property refers to all rights associated with copyright, designs, images (including still images, audio and audio-visual media), logos, patents, trademarks, and trade names).
Material means any and all information (including, but not limited to, data, drawings, and source codes), and/or images in any form (visible or otherwise) that are in use, or stored, on the Website.
Pre-sale refers to the sale of Products in anticipation of the items being in stock at, or near to, the date of dispatch, as stated in the Product listing on the Website.
Products are any items listed on the Website (for sale or otherwise); the term includes extended warranties.
Website means the internet site located at olgoffice.com and operated by OLG.
In the terms of the Agreement:
- any reference to the singular includes the plural;
- reference to any gender includes all gender descriptions;
- reference to any Act or statute includes any Act or statute which replaces, modifies, or supercedes any earlier Act or statute;
- reference to persons includes related corporate and incorporated bodies and associations, and vice versa;
- references to clauses are to clauses in this Agreement, unless otherwise specified.
- numbered paragraph headings are merely descriptive and for convenient reference only.
3. Site Use
3.2. The User must ensure that access to, or use of, the Website does not contravene any laws or regulations that apply to the User.
3.3. The User must take all reasonable precautions to ensure that all means of accessing the Website do not expose the User’s computer system to the risk of damage as a result of viruses, malicious computer code or other forms of interference. OLG accepts no responsibility for any such damage which might arise in connection with the use of the Website.
4. Product Specifications
4.1. All features and specifications of Products, as described or depicted on the Website, are subject to change without notice.
4.2. Listed dimensions and weights of Products are approximate.
5.1. Products sold via the Website are covered by the OLG Standard 3-Year Warranty, which can be extended to 5 or 10 years, at the time of purchase. These Warranties are in addition to those guaranteed by Australian Consumer Law.
5.2. During the warranty period, OLG warrants all goods, under normal usage, to be free from defects in material and workmanship.
5.3. Under this warranty, OLG is liable to provide spare or replacement parts, or to replace entirely, and free of charge, any part or product covered by the warranty (subject to 11.8).
5.4. This warranty does not cover:
- Normal wear and tear;
- Damage caused by abnormal use, or abuse, or by placement of Products in inappropriate locations;
- Products that have been modified, or have not been correctly maintained;
- Products that have been assembled incorrectly.
- Installation of parts or products covered by the warranty.
5.5. A Customer who requests services under this warranty must comply with directions from OLG staff if the the warranty claim is to be investigated, and if OLG is to provide repairs and/or spare parts and/or replacement solutions (where applicable). The Customer will usually be required to provide a detailed description of the warranty service they are requesting, accompanied by any relevant photos or videos.
5.6. If the Customer does not comply with the directions in 10.5, OLG is not required to provide services in accordance with this warranty. Without the description and images, OLG can neither investigate the claim, nor provide an appropriate solution.
5.7. Goods purchased from OLG are covered by guarantees that cannot be excluded under the Australian Consumer Law. The Customer is entitled to a replacement or refund in a case of major fault, and to compensation in the case of reasonably foreseeable loss or damage. Goods will also be repaired or replaced if they fail to meet acceptable quality standards and the failure does not amount to a major failure.
5.8. Minor variations in dimensions, colour, grain, or finish in Goods received by a Customer, when compared with images or descriptions on the Website, are not covered by this Warranty. The Warranty does not cover damage that affects only packaging.
6. Intellectual Property
6.1. The Intellectual Property in any Material on the Website is the property of OLG. A User/Customer may not adapt, modify, display, distribute, perform or reproduce any Material, or any part of any Material, without express authorisation under this Agreement, or by other means.
7.1. Users/Customers waive, release, discharge and relinquish any and all claims, which they have now or might have against OLG, and which are connected with, arise from, relate to or are incidental to the use of the Website.
7.2. Users/Customers agree to indemnify OLG, to keep OLG indemnified, and hold OLG harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that might be incurred by OLG arising out of or in connection with Users’/Customers’ use of the Website and the use of any OLG Products outside the manufacturer’s specifications, as outlined in Product manuals and notified to Users/Customers from time to time.
8.1. To the extent permitted by law, OLG will not be held liable for any loss of income, loss of profits, loss of contracts, loss of data, or for any indirect or consequential loss or damage of any kind, howsoever arising, and whether caused by tort (including negligence), breach of contract or otherwise; the maximum aggregate liability for any Product supplied to the Customer, whether in contract, tort (including negligence) or otherwise, shall not, under any circumstances, exceed the amount payable by the Customer to OLG, in respect of the Product(s) in question.
8.2. To avoid any doubt, nothing in this clause limits or restricts Customers’ ability to make a claim that might be available to them with regard to a failure on the part of OLG to comply with a guarantee under the Australian Consumer Law.
9.1. OLG gathers personal information about its Customers for the purposes of:
- marketing, supplying or delivering Products to them;
- carrying out repair work (whether under-warranty, or otherwise);
- improving and developing its Products; and
- expanding its business.
9.2. OLG is committed to protecting Customers’ privacy and personal information – as part of its legal and ethical commitment to compliance with relevant laws, and more importantly, because OLG is aware that Customers are concerned about how their personal information might be used and shared. OLG will never share, rent, sell, or otherwise disclose, personally identifiable information, in violation of the commitments set forth in this clause 14.
9.3. In the process of dealing with Customers, OLG may collect and hold the following types of information:
- Information about Customers or target customers that is given to OLG by those persons, or information obtained from sources in the public domain – e.g. magazines and newspapers.
- Information that is collected incidentally, as OLG deals with various corporations, about the roles and personal attributes of officers, employees and other representatives of those corporations, and about the means of communicating with them.
9.4. Types of information outlined in 14.3 may be held as electronic records, in data storage systems and as hard copy, with lawful access allowed only by company officers, employees and contractors who need such access to perform their duties.
9.5. From time-to-time, OLG may engage other companies and/or individuals to carry out functions on its behalf – e.g. a third party repairer for warranty repairs. In those circumstances, OLG may disclose to such companies and/or individuals whatever personal information is necessary for them to deliver services on behalf of OLG.
9.6. Customers can request access to their personal information, in accordance with the National Privacy Principles (Privacy Act 1988). Such requests can be made by emailing firstname.lastname@example.org. Retrieval of personal information will incur a $30.00 administration fee.
10.1. OLG reserves the right to make changes to the Website and Order Terms and Conditions without notice.
10.2. Any provision of this Agreement which becomes void or unenforceable may be removed from this Agreement without affecting the enforceability of any other provisions.
10.3. A failure or delay, on the part of OLG, to exercise a power or right given under this Agreement will not represent a waiver of that power or right; and the exercise of a power or right by OLG does not preclude OLG’s ability to exercise that or any other power or right in the future.