In this document, Ozcart (“Ozcart”, “Ozcart Ecommerce”, “Us”, “Our”) refers to the Ozcart Ecommerce service and provider, as provided by Osc Works (ABN 75 755 204 030). Ozcart® is a registered trademark (“Trademark”) of Osc Works. OpenCart is a third party open-source e-commerce platform that is copyright OpenCart Pty Ltd.
Our “Website” refers to the website www.Ozcart.com.au, the subdomains on it and other domains owned and operated by Us.
Ozcart is a Software as a Service (“SaaS”, “Hosted Solution”) e-commerce solution for Australian businesses. There are monthly payments due for the duration of the service with Us. For cancellation, please note our requirements for service cancellation below.
If you wish to use Our logo or Trademark in any way, please check with Us first. You (“Yourself”) refers to yourself as the visitor to Our website or website, domain or package subscriber or purchaser.
Elements relating to design, features and functionality in this document relate to Ozcart version 5.0 and above. Website packages started on or after 22 July 2017 are subject to these version 5 terms and conditions. For customers who purchased their subscriptions prior to this, the sections relating to version 5 are not applicable and the terms that applied to your 1.x, 2.x, 3.x or 4.x platform as at 21 July 2017 apply. If you do not have a copy of those terms and wish to review them, please contact Us for a copy. Version specific conditions from those documents still apply as part of your Agreement with Us.
This document is correct as at the last edit date of 22 July-2017.
These terms are subject to change and it is the customer’s responsibility to check these terms and conditions on a regular basis as these conditions form part of Your agreement with Us. By using Ozcart through signing up for a service and/or logging into our Administration panel for a website with Us, you are deemed to agree with these terms in their full. Any contractors you hire or give access are bound via You to this agreement.
All changes in terms will be published as part of updating this document and supersede any terms prior to those. Using Your site after changes in terms constitutes acceptance of these terms. Customers agree that changes of Our terms cannot be used as grounds for non-payment or early cancellation of an ongoing account with Us.
When signing up for an Ozcart website, you stipulate that the site is for your own business or company, or that you are the owner of the business the site is for. If you are an employee of a company or business, you agree that the account is signed up in the name of the business owner.
Accounts are linked to the name of the person signing up for them and a fee applies to change the name of an account at a later time. To change an account name, authority must be given by the current account owner or proof of business ownership provided by the business owner. The only acceptable proof is dated evidence of ownership from ASIC, proving ownership at the date the account was signed up. Fees apply for change of account ownership including account name or business name. This also applies in the event that you sell your business. There is no contract term on any ecommerce and CMS package but you must be old enough to form a legally binding contract (i.e. be 18 years or older) and you must be willing to provide Us with greater than 7 days written notice via the Support ticket system on Our Website if you wish to cancel Your account (otherwise you will be liable to make an additional period’s payment (month or year)).
Whilst we strongly believe that Ozcart websites are easy to use, it is the customer’s responsibility to ensure they have the necessary background knowledge to be able to start and manage an online business and can follow instructions and maintain their website. We provide a written manual for Ozcart 4.0 customers, knowledgeable support and a support ticket system as a backstop to catch or answer support enquiries but it is not our responsibility to train customers on the basics of using web based ecommerce software outside the specifics of using our system.
Through using Our demo on demo.Ozcart.com.au or purchasing a subscription to an Ozcart website or working for a customer of Ours on Our website, you declare that you not competing and will not compete with Us given the proprietary knowledge the customer is gaining access to of product concepts and software. The customer agrees not to compete with Our products in any way and will not develop (and have not developed) a competing shopping cart software product or similar product to the range offered by Us.
To the extent permitted by law, using Our services indemnifies Us from any liability arising from activities undertaken by our customers through any of not meeting Our eligibility criteria, misuse of the system by you (or Your contractors/employees) and/or resulting from any unplanned downtime or from any limitations of software functionality. We do not endorse the content hosted by or activities performed by you whilst using Our services. It is also an express requirement of your service with Us that issues that you identify are reported in a timely way, and a full explanation including the exact steps to reproduce (including browser versions) are provided to Us via our Support ticket system in our client area at https://client.Ozcart.com.au/clientarea.php. In the event a customer is unable to access this Support URL it is your responsibility to provide your issues to Us in writing via email by sending an email to ecommerce@Ozcart.com.au. If the client area is available, support issues will not be accepted by the aforementioned email address – they will only be accepted via this method if the Support ticket system in our client area is unavailable for service.
You are responsible for Your business and We will not be held responsible for any aspect of Your business including lack of traffic or sales. If Your activities bring Our business into disrepute in any way, cause Our servers to go down from negative publicity about Your business, or We become aware of any verifiable illegal business activities conducted by Your business (including the sale of illegal or counterfeit products) using Our resources or otherwise, or if We receive an authenticated verifiable such notice from a recognised Australian government department such as the ACCC, you agree that We reserve the right to suspend or terminate Your account at Our sole discretion, with no recourse to you.
While We will take reasonable care to ensure that graphics or elements that we use are either fully licensed or unique depending on the package you have chosen and any specific agreement We have with you, You agree to indemnify Us against any breach of third party copyright or other intellectually property relating to any aspect of the graphics you provide Us with or request Us to use, and text/fonts etc in Your site. Ultimately it is Your responsibility to ensure that any graphics or text you ask Us to add or add Yourself are compliant with the applicable state and federal laws where the content is created and used.
We do not take responsibility for or provide advice on particular suppliers or third parties that You can use. We do not endorse any third parties including payment and shipping providers, suppliers or other third parties. It is Your responsibility to do Your own due diligence on suppliers who you use with reference for Your own business needs. You agree to indemnify Us from any issues caused by third parties working with or for Your business. For these same reasons We cannot and do not provide template terms, give advice on providers you can use for various business functions, accounting, etc.
Ozcart software as a service uses the OpenCart open source platform but is not affiliated with OpenCart and uses that platform as-is. Some features present in the OpenCart platform may not be present in our offering or may work in a different way from generic OpenCart documentation. We do not warrant the software is bug-free, nor guarantee that functionality can or will serve a particular business purpose. For this reason it is a requirement that customers try the demo shop and any specific features or functionalty that is important to them prior to signing up for a subscription. Purchasing a subscription to our service is explicit agreement to this and acceptance of the functionality shown in the public demo.