Website Terms and Conditions of Use (‘Terms’)

About the Website ohcds.com.au

Welcome to ohcds.com.au

The Website provides you with an opportunity to purchase products through the Website (the 'Products') by granting you access to the content on the Website (the 'Purchase Services'). The Website and any email addresses are owned and operated by Da Hub Pty Ltd ACN 629 332 243 ABN 34 629 332 243 (“DHPL”).

Please read these terms and conditions (the 'Terms') carefully and take further advice where required. If you do not agree with the Terms, you must stop using the Website and the Purchase Services immediately.

DHPL may change any of the Terms at its sole discretion with such changes to take immediate effect from the date of their publication.

Acceptance of the Terms

You accept the Terms by clicking to accept them where this option is made available to you by DHPL in the user interface. Alternatively, registering as a user of the Website means that you accept these Terms.

Registration to use the Purchase Services

To access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself. Please refer to our Privacy Policy.

You warrant that any information you give to DHPL while completing the registration process will always be accurate as of the day of providing that information. You must immediately update you information should it change.

Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

You may not use the Purchase Services if:
• You do not agree with the Terms;
• you are not of legal age to form a binding contract with; or
• you are a person barred from receiving the Purchase Services under the laws of Australia.

You will use the Purchase Services only for purposes that are permitted by these Terms.

You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services.

Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify DHPL of any unauthorised use of your password or email address or any breach of security of which you have become aware.

Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes accessing the Purchase Services.

You will not use the Purchase Services nor Website for any use other than its intended use and not for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited emails or unauthorised framing of or linking to the Website.

You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by us for any illegal or unauthorised use of the Website.

You acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

Purchase of Products and Returns Policy

In using the Purchase Services to purchase a Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').

Payment of the Purchase Price may be made through any Payment Gateway Provider used by DHPL from time to time. In using the Purchase Services, you warrant to DHPL that you have familiarised yourself with and agree to be bound by their applicable Terms and Conditions of Use, their Privacy Policy, and other relevant legal documentation provided by the Payment Gateway Providers.

Following payment of the Purchase Price being confirmed by DHPL, you will be issued with a receipt to confirm that the payment has been received and DHPL may record your purchase details for future use.

DHPL may, at their sole discretion, provide a refund on the return of a Product within twenty eight (28) days of receiving a request for a refund where the Product packaging is unopened and remains in a saleable condition. You agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

You may be entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage under Australian Consumer Law. You may also be entitled to have the Product repaired or replaced if the Product fails to be of acceptable quality and the failure does not amount to a major failure. You may be able to make a claim under this clause it must be within such period as is prescribed by the law in your Australian State (“Claim Period”).

In order to commence a claim you must provide proof of purchase to DHPL showing the date of purchase of the Product and provide a description of the Product and the price paid for the Product by sending written notice to PO Box 6199 Goulburn North NSW 2580 or by email at dom@ohcds.com.au

Where the claim is accepted then DHPL may, at its sole discretion, either repair or replace any defective Product or part thereof with a new or remanufactured equivalent at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the claim. DHPL is under no obligation to put a Product in a better condition to what it was at the time of your purchase.

All implied warranties including the warranties of merchantability and fitness for use and obligations of DHPL are limited to the Claim Period.

The Return Policy does not apply to any appearance of the supplied Product nor to any supplied Product where the exterior has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

You agree that you may be purchasing Products that are not in new condition and have been used. You agree that the Product description on the Website, if any, is accurate.

FREE Postage

These Terms for FREE Postage (the “Postage Terms") provide the terms and conditions pursuant to which DHPL offers shipping services for transactions completed through the OhCDs.com.au website or Oh CDs mobile application(s). The FREE Postage Service is available only to Customers who sell us $20 or more worth of items to a maximum of five hundred (500) items per order and no more than 22 kilograms in weight.. DHPL is not a carrier and the Customer accepts that DHPL will use third party postal partners to provide and fulfil its FREE Postage Service.

DHPL’s FREE Postage Service is only available to Customers who complete a valid transaction with DHPL pursuant to the Terms. Each individual valid transaction has a unique "Order Number" which is issued to the Customer upon completion of each individual transaction.

DHPL’s FREE Postage Service is only available to Customers in Australia. Furthermore, Customer may only use the FREE Postage Service by tendering Parcels for Postage to Australia Post in accordance with these Postage Terms.

Selling to us

We only buy or accept goods that in our sole opinion are of merchantable quality. Please do not send DHPL defective nor damaged goods. Where you send us goods that are not of merchantable quality, defective or damaged we will provide you with two options:

• (i) we will dispose of the goods as we see fit and at no cost to you, or
• (ii) we will return the goods to you for a fee of $100.00 payable by you in advance of them being returned. Where we dispose of your goods you relinquish all your right title and interest in the goods to DHPL and hold DHPL harmless in respect of any liability of whatsoever nature. The quality of any goods received by us is solely determinable by DHPL.

Copyright and Intellectual Property

The Website, the Purchase Services and all the related products of DHPL are subject to Australian and international copyright and trademark laws. Unless otherwise indicated, all rights in the site content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned by DHPL. You always agree that you have no rights in any those things. Furthermore, you agree to not: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party content for any purpose.

Privacy

DHPL takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to DHPL’s Privacy Policy, which is available on the Website.

General Disclaimer

You acknowledge that DHPL does not make any guarantees, warranties, nor representations regarding the Products other than provided for pursuant to these Terms.

DHPL will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

DHPL will not be liable for any loss nor damage, loss of profit nor opportunity, nor damage to goodwill nor reputation arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services).

Use of the Website, the Purchase Services, and any of the Products of DHPL (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products are provided to you on an "as is" and "as available" basis, without warranty nor condition of any kind.

The disclaimers further apply to affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of DHPL.

DHPL’s limitation total liability arising out of or in connection with the Purchase Services or these Terms will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of DHPL is the resupply of information or Purchase Services to you.

You agree that DHPL, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any damages or loss which may be incurred by you.

DHPL is not responsible nor liable in any manner for any site content posted on the Website or in connection with the Purchase Services.

DHPL reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice.

Nothing in these Terms limits or excludes any guarantees, warranties, representations nor conditions implied or imposed by law, including the Australian Consumer Law.

Indemnity

You agree to indemnify DHPL, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website; any consequence of you accessing, using or transacting on the Website or attempts to do so, and any breach by you or your agents of these Terms.

Dispute Resolution

If a dispute arises a party must not commence any Tribunal or Court proceedings in relation to the dispute unless a mediation or other alternative dispute resolution mechanism is first attempted.

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

Venue and Jurisdiction

In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia and where that is not applicable then Australia.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

APPLICATION PRIVACY POLICY

1. DHPL respect your privacy
   1. DHPL respects your right to privacy and is committed to safeguarding the privacy of our customers and software application users. DHPL adhere to the National Privacy Principles established by the Privacy Act 1988 (Cth). This policy sets out how DHPL collect and treat your personal information.
   2. "Personal information" is information DHPL hold which is identifiable as being about you.
2. Collection of personal information
   1. DHPL will, from time to time, receive and store personal information you enter onto our software application , provide to us directly or give to us in other forms.
   2. You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. DHPL may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
   3. Additionally, DHPL may also collect any other information you provide while interacting with us.
3. How DHPL collect your personal information
   1. DHPL collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our software application and when DHPL provide our services to you. DHPL may receive personal information from third parties. If DHPL do, DHPL will protect it as set out in this Privacy Policy.
4. Use of your personal information
   1. DHPL may use personal information collected from you to provide you with information, updates and our services. DHPL may also make you aware of new and additional products, services and opportunities available to you. DHPL may use your personal information to improve our products and services and better understand your needs.
   2. The Application may make third party social media features available to its users. DHPL cannot ensure the security of any information you choose to make public in a social media feature. Also, DHPL cannot ensure that parties who have access to such publicly available information will respect your privacy.DHPL may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.
5. Disclosure of your personal information
   1. DHPL may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
   2. DHPL may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
   3. DHPL may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of , its application, website and customers or third parties.
   4. Information that DHPL collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. These may include, but are not limited to .
   5. If there is a change of control in our business or a sale or transfer of business assets, DHPL reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. DHPL would seek to only disclose information in good faith and where required by any of the above circumstances.
   6. By providing DHPL with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where DHPL disclose your personal information to third parties, DHPL will request that the third party follow this Policy regarding handling your personal information.
6. Security of your personal information
   1.  DHPL is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, DHPL have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
   2. The transmission and exchange of information is carried out at your own risk. DHPL cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, DHPL cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
7. Access to your personal information
   1. You may request details of personal information that DHPL hold about you in accordance with the provisions of the Privacy Act 1988(Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information which DHPL hold about you or believe that any information DHPL hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at .
   2. DHPL reserve the right to refuse to provide you with information that DHPL hold about you, in certain circumstances set out in the Privacy Act.
8. Complaints about privacy
   1. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to . DHPL take complaints very seriously and will respond shortly after receiving written notice of your complaint.
9. Op out right
   1. You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email, at .
10. Changes to Privacy Policy
    1. Please be aware that DHPL may change this Privacy Policy in the future. DHPL may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.
11. Software Application
    1. When you use our Application

    When you come to our application DHPL may collect certain information such as mobile unique device ID, the IP address of your mobile device, mobile operating system, the type of mobile internet browsers you use, and information about the way you use the Application. This information is used in an aggregated manner to analyse how people use our site, such that DHPL can improve our service.

    2. Cookies

    DHPL may from time to time use cookies on our software application. Cookies are very small files which a website uses to identify you when you come back to the application and to store details about your use of the application. Cookies are not malicious programs that access or damage your computer, tablet or smartphone. Most devices automatically accept cookies but you can choose to reject cookies by changing your devise settings. However, this may prevent you from taking full advantage of our application.

    3. Automatic collection

    The software Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.

    4. Third parties

    Our software application may from time to time have links to other applications or websites not owned or controlled by us. These links are meant for your convenience only. Links to third party applications and websites do not constitute sponsorship or endorsement or approval of these third parties. Please be aware that is not responsible for the privacy practises of other such applications or websites. DHPL encourage our users to be aware, when they leave our application or website, to read the privacy statements of each and every application or website that collects personal identifiable information.

    5. Geo-location

    When you visit the mobile application, DHPL may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within and display a location map with relevant advertisements. DHPL will not share your current location with other users or partners.