Ozmuro

1. About These Terms

These Terms of Service ("Terms") govern access to and use of the Ozmuro platform ("Platform"), operated by Ozmuro Pty Ltd (ABN 46 699 269 862) ("Ozmuro", "we", "us", "our"), accessible at ozmuro.com and through brand storefronts powered by Ozmuro.

By using the Platform, placing an order, or claiming a gift, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Platform.

If you use the Platform on behalf of a company or other organisation, you represent and warrant that you have authority to bind that organisation, and "you" refers to that organisation.

Brands that sell through the Platform do so under a separate Ozmuro Brand Agreement. If there is any conflict between these Terms and a Brand Agreement, the Brand Agreement prevails for that brand's use of the Platform.

2. The Ozmuro Platform

Ozmuro is a white-label corporate gifting platform. Each storefront on the Platform is operated on behalf of the brand named on that storefront. Ozmuro is a platform intermediary: the contract for the sale of goods is between the brand and the buyer, not with Ozmuro.

Each brand is solely responsible for:

The products it makes available, including their quality, safety, and accuracy of description
Fulfilling and shipping orders
Handling returns, exchanges, complaints, and product enquiries
Honouring gift cards issued through its storefront

Questions or complaints about products, delivery, or refunds should be directed to the brand in the first instance. Ozmuro will use reasonable efforts to assist but is not liable for the outcome.

3. Your Information

You are responsible for the accuracy of all information you provide through the Platform, including your own contact and billing details and the names, addresses, and contact details of gift recipients. Ozmuro and the brand are not responsible for orders that cannot be delivered, or are delivered incorrectly, because of inaccurate or incomplete information you provided.

Our collection and use of personal data is governed by our Privacy Policy, which forms part of these Terms.

4. Accounts and Eligibility

You must be at least 18 years of age to place orders through the Platform.

Creating an account is optional for buyers. If you create one, keep your credentials secure and confidential, do not allow anyone else to use your account, and notify us immediately of any unauthorised access. You are responsible for activity under your account.

5. Acceptable Use

You must not:

Use the Platform for any unlawful purpose or in breach of any applicable law
Upload or transmit content (including gift messages and personalisation text or images) that infringes any person's intellectual property or other rights, or that is defamatory, obscene, threatening, hateful, or otherwise objectionable
Impersonate any person or misrepresent your affiliation with any person or entity
Interfere with or attempt to disrupt the operation of the Platform, including by introducing viruses or other harmful code, or attempting to gain unauthorised access to any systems or data
Scrape, harvest, or use automated means to collect data from the Platform
Decompile, reverse engineer, or disassemble any part of the Platform
Use the Platform to collect information for a competing business

We may refuse to process, or remove, any content that breaches this section, and may suspend or deny access to the Platform for breach of these Terms.

6. Orders and Payments

6.1 Order Processing

Orders are processed by Ozmuro on behalf of the brand. Payments are processed by Stripe. Ozmuro does not store your card details.

6.2 Payment Links (Pay by Link)

Where a buyer chooses to pay by payment link (for example, where a finance team will pay later), the order is not confirmed, and will not be fulfilled, until payment is successfully completed and recorded on the Platform. If a payment link expires or is not paid, the related order may be cancelled or remain unconfirmed.

6.3 Quotes and Custom Orders

Any quote provided through the Platform is an invitation to treat and is not binding until it is accepted and paid (or otherwise marked as paid) via the Platform. Unless stated otherwise, quoted pricing and availability may change before a quote is accepted.

6.4 Refunds

Refund decisions are at the discretion of the brand, subject to your rights under the Australian Consumer Law, which are not affected by these Terms. Refunds are issued through the Platform.

6.5 Gift Cards and eGifts

Gift cards sold through the Platform are issued by the brand and are redeemable with that brand only. In accordance with the Australian Consumer Law, gift cards are valid for at least 3 years from the date of issue. Gift cards are not redeemable for cash except where required by law.

7. Intellectual Property

The Platform, including its software, design, and technology, is owned by Ozmuro Pty Ltd. Brand names, logos, product images, and product content belong to the relevant brand or its licensors. You are granted a limited, non-exclusive, non-transferable right to use the Platform for its intended purpose. You may not copy, reproduce, distribute, or create derivative works from any part of the Platform or its content except as permitted by law.

If you provide feedback or suggestions about the Platform, you grant Ozmuro the right to use that feedback without restriction or compensation.

8. Service Provided As Is

To the maximum extent permitted by law, the Platform is provided "as is" and "as available", and we do not warrant that it will be uninterrupted, error-free, or secure. We may perform maintenance, make changes, or experience outages beyond our control.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law or any other statutory right that cannot be excluded by agreement.

9. Limitation of Liability

To the maximum extent permitted by Australian law:

Ozmuro is not liable for any indirect, incidental, special, or consequential loss or damage arising from your use of the Platform
Ozmuro's total liability to a buyer for any claim arising from an order is limited to the amount paid for the order giving rise to the claim
Ozmuro is not liable for any loss arising from third party services including Stripe, Shopify, or Supabase

Nothing in these Terms excludes rights that cannot be excluded under the Australian Consumer Law.

10. Indemnity

You agree to indemnify Ozmuro, its officers, employees, and agents against any claims, damages, losses, or expenses (including legal fees) arising from your breach of these Terms, your misuse of the Platform, or any content you upload to the Platform.

11. Suspension and Termination

We may suspend or terminate your access to the Platform immediately if you breach these Terms, if we reasonably suspect fraudulent or illegal activity, or if we are required to do so by law. Sections 7 to 13 survive termination.

12. General

If any provision of these Terms is found invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions continue in full force
A failure to enforce any provision is not a waiver of it
Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Ozmuro
These Terms, together with the Privacy Policy (and, for brands, the applicable Brand Agreement), are the entire agreement between you and Ozmuro regarding the Platform
We may update these Terms from time to time by posting the updated version on the Platform; continued use after an update constitutes acceptance

13. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes arising from these Terms are subject to the exclusive jurisdiction of the courts of Victoria.

14. Contact

Ozmuro Pty Ltd ABN 46 699 269 862 67 Earl Street E, Windsor VIC 3181, Australia hello@ozmuro.com