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