Last updated: October 19, 2021
AGREEMENT TO TERMS
Any information published whether publicly or privately on the Site is not intended for use or distribution by any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Additionally, persons who choose to access and use the Site from any other locations do so fully by their own initiative and are completely responsible for compliance with their local laws, if and to the extent their local laws are applicable.
The Site is not tailored to be in compliance with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA, etc) so if any of your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in any way that would violate the Gramm-Leach-Billey Act (GLBA).
The Site is prepared for use by persons who are at least 18 years old. Persons below the age of 18 are not recommended to access or use the Site.
INTELLECTUAL PROPERTY RIGHTS
Provided that your use of the Site is eligible, we granted you a limited license to use the Site at any time and to download or print a copy of any portion of the Content to which you have legally gained access solely for your personal, non-commercial use. We continue to reserve all rights not expressly granted to you and in and to the Site, the Content and the Marks.
PROHIBITED SITE ACTIVITIES
You cannot utilise the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial purposes except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, whether directly or indirectly, a collection, gallery, compilation, database, or directory without written permission from us.
- Trick, steal, defraud, or mislead us and other users in any way, shape or form, especially in any attempt to uncover sensitive account information such as administrator passwords.
- Force entry, circumvent, edit, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Utilise any information obtained from the Site in order to manipulate, harass, threaten, abuse, or harm another person.
- Create false reports of abuse, fraud or misconduct to our support services.
- Use the Site in a manner which is not inconsistent with any applicable local or international laws or regulations.
- Use the Site to advertise or offer to sell goods and services.
- Upload or transmit (or attempt to upload or to transmit) computer viruses, trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), which will interfere with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs alters, or interferes with the ongoing use, features, functions, operation, or routine maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, to using any data mining, robots, or similar data gathering and extraction tools.
- Modify or delete the copyright or other proprietary rights notice from any Content published on the site.
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connection to the Site.
- Coerce, harass, annoy, intimidate, or threaten any of our contractors, employees or agents whether previously or currently engaged in providing any portion of the Site to you.
- Attempt to bypass any security measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Transfer, copy, edit or adapt the Site’s software including HTML, CSS and other code.
- Reverse engineer, decipher, decompile or disassemble any of the content management system comprising or in any way making up a part of the Site.
- Except as may be the expected result of normal search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or off-line reader which accesses the Site, or utilising or launching any unauthorised script or other software.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
You agree and acknowledge that all recommendations, comments, questions, suggestions, ideas, feedback or other information regarding the Site (“Submissions”) provided by you through contact forms, direct emails or otherwise to us are non-confidential and will become our sole property. We will own exclusive rights, which includes all intellectual property rights, and shall be entitled to fully unrestricted use and dissemination of these Submissions for any and all lawful purposes, commercial or otherwise, without acknowledgement or compensation to you. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
Advertisers are allowed by us to display their advertisements or other information in certain areas within the Site, such as sidebar advertisements, pop-ups or banner advertisements through the Ezoic platform. If you are an advertiser, you shall take full responsibility for any advertisements you have provided within the Site and any services provided on the Site or products sold through those advertisements. Additionally, as an advertiser, you represent and warrant that you possess all rights to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We only provide the space and bandwidth to place such advertisements, and we hold no other relationship with advertisers.
ROUTINE SITE MANAGEMENT
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS OF TERMS
We reserve the right to edit, update, or completely remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to keep updated any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any alterations, suspension, or discontinuance of the Site.
Disputes which arise out of or in connection with this contract, including any question in relation to its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as part of this clause. The seat, or legal place, of arbitration shall be Brisbane, Australia. The number of arbitrators shall be three (3). The language of the proceedings shall be Australian-English. The governing law of the contract shall be the substantive law of Australia.
The Parties agree that any arbitration is to be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be combined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on each class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Information Negotiations and Arbitration
The Parties agree that the following Disputes will not be subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to protest or enforce, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of misuse, theft, privacy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that Court.
The Site may contain information showing typographical errors, inaccuracies, or omissions, including product descriptions, pricing, availability, country-specific compatibility and various other information. We reserve the right to actively correct any intentional or unintentional errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED TO YOU ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR INITIAL AND ONGOING USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR OWN SOLE RISK. TO THE FULLEST EXTEND PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OF COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY AND ALL WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, OR RECOMMENDATIONS GIVEN FROM THE SITE, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVES AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH COULD BE TRANSMITTED TO OR THROUGH THE SITE BY ALL THIRD PARTIES, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT ENDORSE, GUARANTEE, WARRANT, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, PARTNERS, AUTHORS, EMPLOYEES, CONTRACTORS, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We will maintain certain data that you transmit to the Site for the purpose of managing the speed, user experience and regular performance of the Site, as well as data relating to your use of the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications, Transactions, And Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
RESIDENTS AND USERS OF CALIFORNIA
Should any complaint with us not be satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by telephone at (800) 952-5210 or (916) 445-2154, or in writing at 1625 North Market Blvd., Suit N 112, Sacramento, California 95834.
To resolve complaints in relation to the Site or to receive further information in regards to use of the Site, please contact us at:
Yocean Yogi Trading As Ocean Yogi Pty Ltd
PO Box 947
Southport BC, Queensland 4215