Terms of Use | Otto's Market Townsville
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Terms of Use

the boring (but important) stuff.

Introduction
This Website and its contents (“Website”) is owned and operated by Otto’s Services Pty Ltd ABN 27 633 163 943 of 10A Illuka Street, Currajong Qld 4812 (“Otto’s Market”, “we”, “us”, “our”).

 

The Terms of Use of the Otto’s Market Website include these Terms and Conditions, the Privacy Policy and any other terms and conditions that appear in or are linked to the Otto’s Market Website (“Additional Terms and Conditions”).

 

The Additional Terms and Conditions that appear on the Otto’s Market Website will govern your use of, and access to, certain sections of the Otto’s Market Website where they appear. Since these Additional Terms and Conditions form part of the Terms of Use, you are bound by them and should review them wherever they are relevant to you when using the Otto’s Market Website.

 

Prices
The prices of products will be listed on the Website. Prices include GST. Prices are subject to change at any time, but changes will not affect orders already placed, unless there is an obvious mistake, whereby we will notify you as soon as we can about the pricing issue. Payment for purchases can be made via the use of a credit or debit card through the Website. Once your order is confirmed, your credit or debit card will be charged the relevant amount.

 

Website Content and Access
While Otto’s Market endeavours to take reasonable care in preparing and maintaining the information on this Website, we do not warrant the accuracy, reliability, adequacy or completeness of any of the Website content. You acknowledge and accept that the Website content may include technical inaccuracies and typographical errors. The Website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.

 

It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. To the extent permitted by law, Otto’s Market disclaims all liability or loss directly or indirectly arising from your use of or reliance on the Website and the Website content.

 

Otto’s Market does not guarantee that access to the Otto’s Market Website will be uninterrupted or that the Website is free from viruses or anything else which may damage any computer or device which accesses the Otto’s Market Website or any data on such a computer or device.

 

Limitation of Liability
To the maximum extent permitted by law, Otto’s Market excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) arising out of or in connection with the Website content and the use or performance of the Otto’s Market Website except to the extent that the loss or damage is directly caused by Otto’s Market’s fraud or wilful misconduct.

 

Where the law implies a warranty or guarantee into these Website Terms and Conditions which may not lawfully be excluded, then provided it is fair and reasonable to do so, Otto’s Market’s liability for breach of such a warranty or guarantee shall be limited at its option, to any one or more of the following:

 

(a) in the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and

 

(b) in the case of services, to either resupplying the services or payment of the cost of having the services provided again.

 

Indemnity
You agree to indemnify and keep indemnified Otto’s Market, its affiliated companies and their officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expenses which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to your use of the Website (or any part of it) or the violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any person or entity.

 

Competitions and Promotions
Certain parts of the Website may contain competitions or promotions from Otto’s Market or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Website from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, Otto’s Market specifically retains the rights, at any time and without notice, to remove, alter or add to competitions or promotions on the Website without any liability to you.

 

Intellectual Property
The materials displayed on this Website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks, are the property of Otto’s Market and are protected by copyright, trade mark and other intellectual property laws. Any such content may be displayed and printed solely for your personal, non-commercial use within your organisation provided that any copyright notice is on such a display or page is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of Otto’s Market.

 

Save for the above, and unless expressly granted, Otto’s Market does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the Otto’s Market Website or in the user interface of the Otto’s Market Website.

 

Submissions
Otto’s Market may provide individuals with the ability to rate or provide testimonials in connection with products. If the individual does rate or provide any testimonial, the individual agrees to only rate or provide a testimonial that truly reflects their own opinion.

 

You are solely responsible for all content that you post or communicate via the Website. We make no warranties or representations about accuracy, reliability or otherwise of any information provided via users of the Website.

 

Unless indicated otherwise, Otto’s Market is a distributor only of content supplied by users through the Website. We shall not be responsible for policing, monitoring or editing such content, and accordingly, shall not be responsible for exercising editorial control over such content. Notwithstanding and foregoing, Otto’s Market shall have the right, but not the obligation, to monitor such content in order to respond or comment upon communications by users and in order to determine compliance with these Terms of Use. Otto’s Market shall have the right and sole discretion to edit, to refuse to post or to remove any content whatsoever which we find to be in violation of these provisions or which we find at our sole discretion to be otherwise objectionable for any reason.

 

The opinions expressed by users are not necessarily (and in some cases, not at all) those of Otto’s Market. Otto’s Market is not responsible for any materials provided by users which are deemed harmful or offensive to others. Otto’s Market is not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided by users of the Website, to the maximum extent permitted by law.

 

All statements, advice and opinions made by users are those of such users only, and Otto’s Market neither endorses nor shall be held responsible for the reliability or accuracy of same.

 

Any material you send to us on or via the Otto’s Market Website will be deemed to be non-confidential and non-proprietary, unless it is indicated to be otherwise.

This includes any data, questions, comments, suggestions, ideas or other information. We will be entitled to use any such material which has not been indicated to be confidential or proprietary for any purpose without compensation to you.

 

Third Party Websites and Platforms
The Otto’s Market Website may contain links to other websites and platforms operated, controlled and produced by third parties. Unless otherwise indicated, Otto’s Market does not control, endorse, sponsor or approve any such third party websites and platforms or their content nor does Otto’s Market provide any warranty or take any responsibility whatsoever for any aspect of those websites and platforms or their content

 

Links to the Otto’s Market Website
If you wish to establish a link to this Website, you must first seek approval from Otto’s Market. To seek approval, please contact our Creative Director via email at [email protected].

 

The following information will be required to assess your request:
1. the URL of the website that you seek to establish a link from
2. a brief description of the website that you seek to establish a link from
3. the reason that you wish to establish a link.

 

If Otto’s Market agrees to your proposed link, you must comply with any terms and conditions imposed by Otto’s Market as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact Otto’s Market and provide a new description of your website.

 

Use of our Logo/s
If you have a business relationship with Otto’s Market and use our services, you are entitled to use a version of the Otto’s Market logo on your website, social media or marketing materials.

 

Our brand team has created specific logos for this purpose, with information included around how to correctly apply our logo. To access our logos and seek approval for use, please contact our Creative Director via email at [email protected].

 

The following information will be required to assess your request:
1. your company details
2. specify where you will be using the logo
3. provide an outline of any additional content or imagery to be published alongside the logo.

 

If Otto’s Market agrees to your proposed use of the logo, you must comply with any terms and conditions imposed by Otto’s market as a condition of such agreement.

 

Interference with Website
You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this Website or any material or content displayed on the Otto’s Market Website.

 

Applicable Law / Jurisdiction
These Terms of Use are governed by and to be construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia. In the event that any provision of the Terms of Use is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignore and all the other provisions of the Terms of Use will remain in full force and effect.

 

Otto’s Market makes no representation that the content of the Website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.