Terms and Conditions
Last updated: December 2020
This website is owned and managed by OH NINE.
In these terms and conditions, unless the context otherwise requires:
“OH NINE” means OH NINE and any associated company and the officers and employees there of;
“services” means any services OH NINE may supply through this website from time to time including allowing a user to request a quote, contact the team, or to learn about the products/ services OH NINE provides.
“user” means any person viewing this website, or any person using a service provided through this website;
“website” means www.ohnine.com.au
2. ACCEPTANCE OF TERMS AND CONDITIONS
OH NINE offers the use of this website on these terms and conditions. By using this website you agree to be bound by the current terms and conditions. If you do not wish to accept these terms and conditions, do not use this website.
OH NINE may amend these terms and conditions at any time. Amendments to these terms and conditions shall be effective from the date they are published on this website. Your continued use of this website shall be deemed to be acceptance of the amended terms and conditions. You can review the most current version of the Terms of Service at any time on this page. It is your responsibility to check this page periodically for changes.
By using this website you agree that this website is intended for viewing within Australia. If you use this website from other locations you are responsible for compliance with any and all applicable local laws.
3. CUSTOMER ENQUIRIES
You agree that OH NINE may retain a record of enquiries you make through this website. OH NINE will make a copy of the enquiry available to you on request.
4. YOUR USE OF THE WEBSITE
You must not:
(a) use the website, or any of the services on the website, for any unlawful purpose;
(b) do anything that could place an unreasonable or disproportionately large load on the website, or do anything that disrupts the functions of connected networks of the website;
(c) make any modifications to the website, or create a link to the website from any other website, without OH NINE’s written authorisation;
(d) test, scan or circumvent the security of the website;
(e) use the website or any content in any way which breaches the rights of OH NINE or any third party; or
(f) knowingly transmit any virus, worm, defect, Trojan horse or any other malicious code to the website for any reason.
(g) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(h) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(i) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(j) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(k) to submit false or misleading information
5. INTELLECTUAL PROPERTY RIGHTS
All proprietary and intellectual property rights in this website are the property of OH NINE. You agree that any communication or material you transmit to this website or OH NINE, will not be treated as confidential or proprietary. Further, you agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, drawings, photographs, video or other materials you transmit to OH NINE may be used by OH NINE without restriction.
You may access, view, reproduce and print the material on the website for your private, informational and non-commercial purposes only. Unless OH NINE approves in writing, you are prohibited from reproducing, transmitting or distributing in whole or in part, or in any medium or form, any content contained within this website other than your own material.
Where any intellectual property rights are created by OH NINE for the purposes of providing services to you, the intellectual property rights shall be the property of OH NINE.
6. VIRUS PROTECTION
It is your responsibility to ensure that your computer has adequate and regularly updated virus protection and OH NINE shall have no liability arising from any infection of your computer howsoever caused.
7. PRICING AND QUOTES
All prices included in this website are in Australian Dollars (AUD) and are inclusive of GST. Prices and service inclusions are subject to change without notice.
Quotes and proposals for services are valid for 14 days from submission. Quotes and proposals are individually tailored to business owners, brands and corporations following the OH NINE ‘Virtual Beer’. Following the ‘Virtual Beer’, we will present the user with a proposal and quote.
Once the deliverables and price outlined in the quote have been accepted, OH NINE will provide you, the business owner with a contract. Once this has been signed and payment has been received, OH NINE will commence working on your business as agreed upon in the proposal and contract.
The business owner is responsible for making payment in Australian dollars and OH NINE is not liable for any charges required to do this. 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.
8. PRODUCTS AND SERVICES
Prices for our products are subject to change without notice. We have made every effort to display as accurately as possible the descriptions of services deliverable. We cannot guarantee that your computer monitor’s display of any visuals will be accurate. 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.
We reserve the right, but are not obligated, to limit the sales of our 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 services that we offer. All descriptions of services or service pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any service at any time. Any offer for any service made on this site is void where prohibited.
We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
9. PERSONAL INFORMATION
10. COOKIES AND ANALYTICS TOOLS
We use various analytics tools to collect and analyse information about your use of the website and our services and products. The information collected and used in this way could be information about you, or anonymous information connected to you. We use this information and analysis to improve the website and to better understand visitor behaviour on our website.
11. THIRD PARTY LINKS
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 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.
OH NINE reserves the right to make changes at any time, without notice or obligation, to any of the information contained on this website and the services, including but not limited to prices, products or services. By entering this website you agree that you shall be bound by any such revisions.
Any failure or delay by OH NINE to enforce any breach of these terms and conditions does not constitute a waiver by OH NINE of its rights and remedies under these terms and conditions.
If any provision of the terms and conditions becomes or is held to be invalid or is unenforceable for any reason it shall be severed from the remaining provisions which shall continue in full force and effect.
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers 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.
In the event that any provision of these Terms and Conditions are 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Questions about the Terms and Conditions should be sent to us at [email protected]
Acknowledgement of Country
Here at OH NINE we acknowledge the Dharawhal people, traditional custodians of the land on which we live and work.
We honour this privilege and responsibility with respect, humility and curiosity.
We pay respects to Elders past, present and emerging, and acknowledge their continuation of connection to this land, water, and community.