In these terms and conditions, “we” “us” and “our” refers to “Ocean Deep”. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Our Website Services
- Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our menu page and we reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.
- We strive to ensure that our products are described as accurately as possible on our website; however we do not warrant that the description is accurate. Where we become aware of any inaccuracy in description, we reserve the right to correct any error or omission.
- Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour OR that any given image will reflect or portray the full design or options relating to that product. For example, we will strive to create the same colour frosting as the image, however because everything is made by hand this cannot be 100% guaranteed. We also reserve the right to change the cupcake liner paper to what we have available.
- Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
- All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed from our menu page and we reserve the right to amend our prices at any time.
- When you order from us, we require you to provide your name, your email address and telephone contact. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
- We undertake to accept or reject your order within more or less than 48 hours. If we have not responded to you within more or less than 48 hours days, your offer is deemed to be rejected as the most likely reason is we have not received it, if we have not responded to you in 48 hours please contact us to determine if your order has gone through.
- All risk of loss or damage to the goods passes to you when we despatch the goods. If the product is damaged on arrival, we will provide you with an adequate discount or try to fix the order for you back at our bakery depending on the severity of the damage.
- We undertake to replace you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” web page where we will advise you of our requirements relating to return of such goods or refund. Alternatively, you can phone us on our main number. If the product has been damaged or is faulty in any way, you must either immediately return it to the store so that the staff may inspect it or photograph the evidence and email the images.
- If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse for the amount initially paid for the purchase including packaging and delivery charges.
- Once you have notified us through our website that you wish to return faulty, or damaged, you may return the product to our center so long as you provide valid proof of purchase eg. tax invoice, receipt and/or packaging slip.
- When you visit our website, we give you a limited licence to access and use our information for personal use only.
- You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
- The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your meta tag or mirroring of our website.
- This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
- You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
- The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
- All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
- Any comment, feedback, idea or suggestion which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
- Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however, we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Limitation of Liability
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
- In no event, regardless of cause, shall Ocean Deep/Unique Liquid Gold be liable for any indirect, special, incidental, punitive or consequential damages of any kind, whether arising under breach of contract, tort (including negligence), strict liability or otherwise, and whether based on this agreement or otherwise, even if advised of the possibility of such damages.
- By accessing our website and purchasing from us, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website or purchase from us.
- If a Force Majeure event causing delay continues for more than less than 24 hours, we may terminate this Agreement by giving at least less than 24 hours’ Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
- These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.
- If any provision of these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Requestor acknowledges that Unique Liquid Gold has agreed to deliver the Ocean Deep samples for evaluation purposes only. Requestor further acknowledges that Unique Liquid Gold has no obligations whatsoever to repair, replace or service the Ocean Deep samples in any manner or to provide Requestor with any future upgrades to the Ocean Deep samples, if any. Requestor is solely responsible for the use of Ocean Deep samples in any applications, including those of an experimental nature. If requested by Unique Liquid Gold, Requestor shall provide all testing results of such evaluations.
THE OCEAN DEEP SAMPLES ARE PROVIDE TO THE REQUESTOR ON AN “AS IS, WHERE IS” EVALUATION PURPOSE ONLY BASIS, SOLELY UNDER THE USE AND DIRECTION OF THE REQUESTOR, WITHOUT WARRANTY OF ANY KIND (EITHER EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC OR GENERAL PURPOSE AND THOSE ARISING BY STATUTE OR BY LAW, OR FROM A CAUSE OF DEALING OR USAGE OF TRADE.