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TERMS & CONDITIONS

AGREEMENT

These Terms constitute the entire agreement between the parties as to its subject matter and supersedes and cancels all 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).

In the context of this website, “we”, “our” and “us” means www.omorfie.com and “you” and “your” means you, the Customer/User/Guest of this website. If you do not agree with these terms of use, please do not use this site.

By using www.omorfie.com, the Customer/User/Guest agrees to be bound by these Terms, and may be amended by OMORFIE at any time.

GENERAL

All contracts and dealings between OMORFIE and each of its subsidiaries, affiliates, associated companies, related entities, successors/parent company and assigns (‘OMORFIE’) and any person (‘Customer/User/Guest’) relating to any goods or services (‘Goods’ and ‘Services’) provided and supplied by  OMORFIE to the Customer/User/Guest through the website www.omorfie.com are subject to the terms and conditions of trade set out below.

ACCESS

Access to the Website is permitted on a temporary basis, and OMORFIE reserves the right to withdraw and or amend the services without notice. OMORFIE will not be liable if for any reason the Website is unavailable at any time or for any period.

PRIVACY POLICY

You can access the OMORFIE privacy policy here.

INTELLECTUAL PROPERTY & COPYRIGHT

  1. All intellectual property rights and all software, content, graphic and imagery made available to the Customer/User/Guest through omorfie.com remains the property of OMORFIE.
  2. The Customer/User/Guest is not permitted to copy, reproduce, alter, distribute, publish or use in any manner any content on the Website other than as permitted under these Terms without the written express consent of OMORFIE. Consent may be withheld by OMORFIE at its absolute discretion.
  3. The Customer/User/Guest must not remove any copyright, service mark and or trade mark notices from the content found on omorfie.com.

TERMS OF SALE

  1. By placing an order for any Goods and or Services on the Website the Customer/User/Guest is subject to these terms. Each Order the Customer places will be a separate and binding agreement between the Customer and OMORFIE with respect to the supply of the Goods in accordance with these terms.
  2. All Orders are subject to availability of the goods and confirmation of the order price.
  3. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure (see clause 15) for which OMORFIE will not be responsible.
  4. The Customer/User/Guest acknowledges that all Orders through the omorfie.com are with respect to goods intended for personal use.
  5. In order to contract with OMORFIE the Customer/User/Guest must be over 16 years of age and possess a valid credit/debit card and/or paypal account issued by a bank acceptable to omorfie.com.
  6. OMORFIE reserves the right to accept and or reject an order for any reason at any time.
  7. When placing an order the Customer/User/Guest confirms all details that are provided to OMORFIE are true and accurate. The Customer/User/Guest is an authorised user of the credit/debit card and/or paypal account used to place the order.
  8. OMORFIE will reserve the right to hold an order pending credit card verification. Our Customer Care team will contact you requesting a photocopy of valid ID and the credit/debit card used to make a purchase. If no response is received within 24 hours, your order will be cancelled and your card refunded.

    PRICE & PRODUCTS

    1. The price with respect to any Goods and or Services is specified on www.omorfie.com
    2. All prices quoted are in USD and where applicable are exclusive of goods and services tax (‘GST’).
    3. OMORFIE reserves the right to change and or alter the prices of goods/services on the Website without notice to the Customer/User/Guest, unless the Customer/User/Guest has placed an order at a stipulated price, in which case there will be no change and or alteration.
    4. In paying or attempting to pay for the Goods and or Services, the Customer/User/Guest agrees that the Customer/User/Guest has not engaged in any fraudulent conduct or contravened any law.
    5. OMORFIE will issue the Customer/User/Guest with a tax invoice once payment of the order has been processed.
    6. While we do our best to ensure that product descriptions on our website are accurate, some inaccuracies, typographical errors or misinterpretations may occur. OMORFIE reserves the right to correct such inaccuracies or typographical errors as they are identified.
    7. In paying or attempting to pay for the Goods and or Services, the Customer/User/Guest agrees that the Customer/User/Guest has not engaged in any fraudulent conduct or contravened any law.
    8. OMORFIE will issue the Customer/User/Guest with a tax invoice once payment of the order has been processed.
    9. While we do our best to ensure that product descriptions on our website are accurate, some inaccuracies, typographical errors or misinterpretations may occur. OMORFIE reserves the right to correct such inaccuracies or typographical errors as they are identified.

    10. Packaging of Goods, for example bottle type, is subject to change at OMORFIE’s discretion and requires no forewarning to Customer, assuming content/volume remains the same.

    CANCELLATION

    Unless provided for under these Terms, no “cancellations or changes” to Orders will be accepted. The Goods will be delivered to the stated delivery address in accordance with these Terms. Therefore, the Customer should carefully check and double check that the Order is accurate before the Customer submits it to OMORFIE.

    DAMAGED & FAULTY GOODS

    1. All Goods are thoroughly inspected to ensure that they are in the best condition prior being sent to the Customer.
    2. If the Customer discovers that a Good is faulty or damaged, in accordance with the Manufacturer Warranty. The Customer must notify OMORFIE within 14 days of purchase via email at returns@omorfie.com along with product description and fault.
    3. Replacement, Exchange or Repair. If OMORFIE inspects the Good and confirms that there is a fault, the Customer will be entitled to a full refund, replacement (if available), exchange or repair (where possible).
    4. OMORFIE will meet the packaging and postage costs associated with the Customer returning a faulty item.
    5. Customers are liable for any delivery costs if the item is found not to be faulty.

    DELIVERY

    1. Any period or date for delivery of Goods stated by OMORFIE is intended as an estimate only and is not a contractual commitment.
    2. OMORFIE will use its best endeavours to meet any estimated delivery dates but OMORFIE will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated delivery date.
    3. OMORFIE reserves the right to amend delivery methods without notice.

    AUSTRALIA

    1. All deliveries of Goods purchased by the Customer will be made by registered courier (and are delivered with authority to leave without signing where no one is in attendance at the delivery address).
    2. If the Customer believes their nominated delivery address will be unattended at the time of delivery, OMORFIE suggests having the Order delivered to an alternate address that the Customer knows will be attended during normal business hours. If the nominated delivery address is unattended at the time of delivery, the courier will either leave the Goods in a secure location under their ATL (in which case the delivery will be deemed successful) or a card will be left with details as to where the Customer can collect the their Goods, at this time the Goods will be deemed delivered (‘Successful Delivery’).
    3. OMORFIE will not be held responsible for any occurrence that may happen following the Delivery of a Good, including theft or damage if a Good is delivered to an unattended address. All risk in the Goods will remain with the Customer upon Delivery and OMORFIE will not offer a replacement Good or refund a Customer for any lost or damaged Goods.
    4. OMORFIE will use reasonable endeavours to dispatch all Orders received after 8.00am on the next business day. Estimated delivery time is 2-9 business days following placement of an Order, depending on the Customer’s location. In the event the Customer does not receive their Order within 10 business days of placement, the Customer should contact hello@omorfie.com.
    5. Delivery of Orders placed on the weekend will not be processed until the following Monday.

    INTERNATIONAL DELIVERY

    1. International deliveries will be made by Registered Post or Pack & Track (via Australia Post).
    2. Orders will be dispatched within 1 days from the date of the Order. Estimated delivery time for international orders is between 3-10 business days.
    3. In the event the Customer does not receive their Order within 14 business days of placement, the Customer should contact hello@omorfie.com.
    4. International delivery costs do not include any taxes or duties which may be applied by customs at the destination country. Any duties or taxes incurred are the responsibility of the delivery recipient. OMORFIE has no control and will not be responsible for any duties or taxes.
    5. In accordance with Australian export regulations, customs require OMORFIE to declare the exact value of the Order on the satchel, and it is the sole discretion of the custom agents to release the package.

    PRE-ORDER

    A Pre-Order is the term used when a Good is currently out of stock but will be ordered from suppliers once the Customer places the Order. The Order will then arrive to the Customer within a certain time frame after the Order is placed. The estimated date of shipping will be displayed under the description in each Good.

    *Shipping date is an estimate only and may be subject to change.

    Packaging of Goods, for example bottle type, is subject to change at OMORFIE’s discretion and requires no forewarning to Customer, assuming content/volume remains the same.

    Refunds are not available on Pre-Order products. In placing your order, you are agreeing to the above terms.

    LIMITATION OF LIABILITY AND INDEMNITY

    1. The Australian Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these Terms and the Australian Consumer Law, OMORFIE makes no warranties or other representations in relation to the supply of Goods. OMORFIE liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
    2. The Customer agrees to use the Website at their own risk. The Customer agrees to indemnify OMORFIE, its affiliates, officers or directors from any third party claims, liability, damages and/or costs arising from the Customer’s use of the Website or breach of these Terms, including damages caused by virus or any incorrectness or incompleteness of the information on the Website or the supply or use of the Goods.
    3. OMORFIE does not accept responsibility for any loss or other detriment arising by reason of any theft, loss or damage to, or otherwise concerning any property belonging to the Customer.
    4. Further to clause 3, the Customer accepts upon Delivery all risk for loss or damage to the Goods whether caused by the Customer or not, and the Customer indemnifies OMORFIE against all claims, demands, suits and actions for loss or damage caused by or arising from the handling, transport, storage, display, installation, neglect or use of the Goods after the Customer has taken possession of the Goods. Risk in the Goods will remain with the Customer at all times unless OMORFIE retakes possession of the Goods in accordance with clause 9.

    LINKING ON THIS WEBSITE

    1. The Website may provide links to websites and access to content from third parties, including users and affiliates of OMORFIE.
    2. The Customer/User/Guest agrees that OMORFIE is not responsible for the availability of, and/or content provided on third party websites. The Customer/User/Guest should refer to the policies posted by other websites regarding privacy and other topics before they use them.
    3. To the fullest extent permitted by law in no way will OMORFIE, its officers, agents and employees be held liable for any remedy at law or in equity for any loss or damage incurred from dealing with any third party.

    WAIVER

    1. The failure of a party at any time to require any performance by another party of a provision of these Terms shall not affect in any way the full right of the waiving party to require that performance subsequently.
    2. The waiver by any party of a breach of a provision shall not be deemed a waiver of all or part of that provision or any other provision or of the right of that party to avail itself of its rights subsequently.
    3. Any waiver of a breach of these Terms shall be in writing signed by the party granting the waiver, and shall be effective only to the extent specifically set out in that waiver.

    FORCE MAJEURE

    If the performance of OMORFIE obligations under these Terms is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of OMORFIE. OMORFIE will not be liable for any loss or damage suffered by the Customer or any other person and OMORFIE will give the Customer written notice if the force majeure event has continued unabated for 30 days.

    SERVABILITY

    1. The parties agree that all the provisions of these Terms are reasonable in all the circumstances and that each provision is and shall be deemed to be severable and independent.
    2. The parties agree that if part or all of any one or more provisions are judged invalid or unenforceable in all the circumstances, that portion shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.

    SMS/MMS MOBILE MESSAGE MARKETING PROGRAM T&C's

    OMORFIE (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

     

    1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrolment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialling system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
    2.  User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that OMORFIE and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
    3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of [Describe company’s goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be allowed under the TCPA]. Messages may include checkout reminders
    4.  Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
    5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at admin@omorfie.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above
    6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
    7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages
    8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions
    9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
    10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
    11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in West Perth, Western Australia before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which OMORFIE’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
    12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
    13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

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