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Terms of service

OVERVIEW 

This website is operated by Ommi's Food & Catering. Throughout the  site, the terms “we”, “us” and “our” refer to Ommi's Food & Catering.  Ommi's Food & Catering offers this website, including all information,  tools and services available from this site to you, the user, conditioned  upon your acceptance of all terms, conditions, policies and notices  stated here. 

By visiting our site and/ or purchasing something from us, you engage  in our “Service” and agree to be bound by the following terms and  conditions (“Terms of Service”, “Terms”), including those additional  terms and conditions and policies referenced herein and/or available by  hyperlink. These Terms of Service apply to all users of the site, including  without limitation users who are browsers, vendors, customers,  merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using  our website. 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. If these Terms of Service are considered an offer,  acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store 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. 

SECTION 1 - ONLINE 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 unauthorized purpose  nor may you, in the use of the 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 Services. 

SECTION 2 - GENERAL CONDITIONS 

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

The headings used in this agreement are included for convenience only  and will not limit or otherwise affect these Terms. 

SECTION 3 - 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. 

SECTION 4 - 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  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. 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

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

We have made every effort to display as accurately as possible the  colors and images of our products that appear at the store. We cannot  guarantee that your computer monitor's display of any color will be  accurate. 

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. 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT  INFORMATION 

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. 

You agree to provide current, complete and accurate purchase and  account information for all purchases made at our store. You agree to  promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we  can complete your transactions and contact you as needed. 

For more detail, please review our Returns Policy. 

SECTION 7 - 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. 

SECTION 8 - 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. 

SECTION 9 - 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 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 libelous or otherwise 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.

SECTION 10 - PERSONAL INFORMATION 

Your submission of personal information through the store is governed  by our Privacy Policy. To view our Privacy Policy. 

SECTION 11 - 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 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. 

SECTION 12 - 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. 

SECTION 13 - 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 Ommi's Food & Catering, 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.

SECTION 14 - INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Ommi's Food &  Catering 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. 

SECTION 15 - 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. 

SECTION 16 - 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). 

SECTION 17 - 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. 

SECTION 18 - 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. 

SECTION 19 - 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. 

SECTION 20 - CONTACT INFORMATION 

Questions about the Terms of Service should be sent to us at  info@ommis.com.au.