Terms and Conditions  



Last updated: July 02, 2019


Please read these Terms and Conditions ("Terms", "Terms and Conditions")

carefully before using the https://www.theoompahroundabout.com/ website (the

"Service") operated by The Oompah Roundabout ("us", "we", or "our").


Your access to and use of the Service is conditioned on your acceptance of and

compliance with these Terms. These Terms apply to all visitors, users and

others who access or use the Service. You warrant that you are at least 18

-years-old and you are legally capable of entering into binding contracts. If

you are under 18-years-old, you warrant that you have obtained consent from

your parent or guardian and they agree to be bound by these Terms on your



By accessing or using the Service you agree to be bound by these Terms. If you

disagree with any part of the terms then you may not access the Service.





If you wish to purchase any product or service made available through the

Service ("Purchase"), you may be asked to supply certain information relevant

to your Purchase including, without limitation, your credit card number, the

expiration date of your credit card, your billing address, and your shipping



You represent and warrant that: (i) you have the legal right to use any credit

card(s) or other payment method(s) in connection with any Purchase; and that

(ii) the information you supply to us is true, correct and complete.


By submitting such information, you grant us the right to provide the

information to third parties for purposes of facilitating the completion of



We reserve the right to refuse or cancel your order at any time for certain

reasons including but not limited to: product or service availability, errors

in the description or price of the product or service, error in your order or

other reasons.


We reserve the right to refuse or cancel your order if fraud or an

unauthorised or illegal transaction is suspected.


The Service is not designed to provide qualitative advice regarding the

fitness for purpose and merchantability of any products or services. We

strongly advise you to exercise caution and do your own due diligence in

conducting any transactions through the Service.


Availability, Errors and Inaccuracies  



We are constantly updating our offerings of products and services on the

Service. The products or services available on our Service may be mispriced,

described inaccurately, or unavailable, and we may experience delays in

updating information on the Service and in our advertising on other web sites.


We cannot and do not guarantee the accuracy or completeness of any

information, including prices, product images, specifications, availability,

and services. We reserve the right to change or update information and to

correct errors, inaccuracies, or omissions at any time without prior notice.


The content is provided without warranties or conditions of any kind either

express or implied, including but not limited to implied warranties and

conditions of merchantability, fitness for a particular purpose or non-



Intellectual Property  



The Service and its original content, features and functionality are and will

remain the exclusive property of The Oompah Roundabout and its licensors. The

Service is protected by copyright, trademark, and other laws of both the

Australia and foreign countries. Our trademarks and trade dress may not be

used in connection with any product or service without the prior written

consent of The Oompah Roundabout. Nothing in these Terms constitutes a

transfer of any Intellectual Property rights from us to you.


Links To Other Web Sites  



Our Service may contain links to third-party web sites or services that are

not owned or controlled by The Oompah Roundabout.


The Oompah Roundabout has no control over, and assumes no responsibility for,

the content, privacy policies, or practices of any third party web sites or

services. You further acknowledge and agree that The Oompah Roundabout shall

not be responsible or liable, directly or indirectly, for any damage or loss

caused or alleged to be caused by or in connection with use of or reliance on

any such content, goods or services available on or through any such web sites

or services.


We only provide links to external websites as a convenience, and the inclusion

of such a link to external websites do not imply our endorsement of those

websites. You acknowledge and agree that when you access other websites on the

Internet, you do so at your own risk.


We strongly advise you to read the terms and conditions and privacy policies

of any third-party web sites or services that you visit.





We may terminate or suspend your access immediately, without prior notice or

liability, for any reason whatsoever, including without limitation if you

breach the Terms.


Upon termination, your right to use the Service will immediately cease.


All provisions of the Terms which by their nature should survive termination

shall survive termination, including, without limitation, ownership

provisions, warranty disclaimers, indemnity and limitations of liability.


We shall not be liable to you or any third party for any claims or damages

arising out of any termination or suspension or any other actions taken by us

in connection therewith.


If applicable law requires us to provide notice of termination or

cancellation, we may give prior or subsequent notice by posting it on the

Service or by sending a communication to any address (email or otherwise) that

we have for you in our records.





As a condition of your access to and use of the Service, you agree to

indemnify us and our successors and assigns for all damages, costs, expenses

and other liabilities, including but not limited to legal fees and expenses,

relating to any claim arising out of or related to your access to and use of

the Service or your breach of these Terms and any applicable law or the rights

of another person or party.


This indemnification section survives the expiration of your registration, and

applies to claims arising both before and after the registration ends.


Limitation Of Liability  



You agree that we shall not be liable for any damages suffered as a result of

using the Service.


In no event shall we be liable for any indirect, punitive, special, incidental

or consequential damage (including loss of business, revenue, profits, use,

privacy, data, goodwill or other economic advantage) however it arises,

whether for breach of contract or in tort, even if it has been previously

advised of the possibility of such damage.


In no event shall we be liable for any claims by a third party in tort or

contract, or pursuant to the Competition and Consumer Act 2010 (Cth)

including, but not limited, to any misleading statements made and/or

incorporated into any Content provided by third parties, such as manufacturers

and wholesalers, and users of the Service. It is your sole responsibility to

ensure the accuracy of the data inputted.


You have sole responsibility for adequate security protection and backup of

data and/or equipment used in connection with your usage of the Service and

will not make a claim against for lost data, re-run time, inaccurate

instruction, work delays or lost profits resulting from the use of the



Without limiting the foregoing, in no event will our aggregate liability to

you exceed, in total, the amounts paid by you to us.





Your use of the Service is at your sole risk. The Service is provided on an

"AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties

of any kind, whether express or implied, including, but not limited to,

implied warranties of merchantability, fitness for a particular purpose, non-

infringement or course of performance.


The Oompah Roundabout its subsidiaries, affiliates, and its licensors do not

warrant that a) the Service will function uninterrupted, secure or available

at any particular time or location; b) any errors or defects will be

corrected; c) the Service is free of viruses or other harmful components; or

d) the results of using the Service will meet your requirements.


This disclaimer of liability applies to any damages or injury caused by any

failure of performance, error, omission, interruption, deletion, defect, delay

in operation or transmission, computer virus, communication line failure,

theft, or destruction or unauthorized access or, alteration of or use of

record in connection with the use or operation of the Service, whether for

breach of contract, tortious behaviour, negligence or any other cause of



We make no representations or warranties of any kind, express or implied,

about the completeness, accuracy, reliability, suitability or availability

with respect to the content contained on the Service for any purpose. Any

reliance you place on such information is therefore strictly at your own risk.

We disclaim any express or implied warranty representation or guarantee as to

the effectiveness or profitability of the Service or that the operation of our

Service will be uninterrupted or error-free. We are not liable for the

consequences of any interruptions or error in the Service.





Some jurisdictions do not allow the exclusion of certain warranties or the

exclusion or limitation of liability for consequential or incidental damages,

so the limitations above may not apply to you.


Governing Law  



These Terms shall be governed and construed in accordance with the laws of

Western Australia, Australia, without regard to its conflict of law



Our failure to enforce any right or provision of these Terms will not be

considered a waiver of those rights. If any provision of these Terms is held

to be invalid or unenforceable by a court, the remaining provisions of these

Terms will remain in effect. These Terms constitute the entire agreement

between us regarding our Service, and supersede and replace any prior

agreements we might have between us regarding the Service.





We reserve the right, at our sole discretion, to modify or replace these Terms

at any time. If a revision is material we will try to provide at least 30 days

notice prior to any new terms taking effect.


It is your sole responsibility to periodically check these Terms for any

changes. If you do not agree with any of the changes to these Terms, it is

your sole responsibility to stop using the Service. Your continued use of the

Service will be deemed as your acceptance thereof.


Contact Us  



If you have any questions about these Terms, please contact us.