Terms and Conditions
Your agreement with odna group
1. odna group Pty Limited ABN 29 161 056 677 owns and operates the website at: www.odna.com.au and any website owned and operated by odna group that replaces it will be referred to in this document as the (Site). Your use of the Site is governed by the terms in this document, as they may be amended from time to time, and the other notices (Notices) that apply to users of the Site that are posted on the Site and that you can access to read on the Site (together called the Terms).
2. If there is a contradiction between what a Notice says and the terms of this document in relation to the Site, the terms of this document prevail to the extent of the contradiction.
3. You may enter a written Marketing or other Agreement with odna group that also governs your use of the Site. If so, the terms of that other agreement prevail to the extent that they contradict the Terms.
4. You are referred to as a User in the Terms.
Accepting the Terms
5. By using the Site, you agree to the Terms. If you do not agree to the Terms, you must stop using the Site.
Changing the Terms
6. Odna group may change the Terms from time to time. When these changes are made, odna group will make a new copy of the Terms available at www.odna.com.au
7. You understand and agree that if you use the Site after the date on which the Terms have changed, odna group will treat your use as acceptance of the changed Terms.
Owning and using Site material
8. Rights and interests (including in any copyright) in all material and information on or related to the Site (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) are owned either by odna group or by third parties.
9. You may only copy or print copyright material for non-commercial, private use. All other copying, reproduction or other use of copyright material is prohibited, except to the extent permitted by law or unless you have written permission from odna group or the relevant copyright owner. If you are given written permission, in addition to any other conditions on that permission, you must acknowledge the copyright owner’s name and copyright interest whenever the copyright material is copied, reproduced or otherwise used.
10. Nothing in the Terms gives you a right to use any of odna group’s or any other person’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
11. You agree that:
your use of the Site is at your sole risk; and
you will not use the Site in a manner inconsistent with applicable law. Without limiting this, you will not engage in any activity that interferes with or disrupts the Site (including the servers and networks that are connected to the Site; and
odna group has the right (but is not obliged) to monitor, keep, use and disclose any information necessary for any applicable law, any legal proceeding and any government request.
Advertisements on the Site
11. The Site may display advertisements and promotions. Any advertising or promotion on the Site does not imply an endorsement or recommendation by odna group. Information on the Site, including in any advertisements or promotions, does not constitute legal, financial or property advice.
Privacy and your personal information
12. In order to use the Site, you may be required to provide information about yourself (such as your name, email address and postcode). You agree that any information you give to odna group will be accurate, correct and up-to-date.
13. You are solely responsible for ensuring that all content and any material or information that you post on or transmit via the Site, conforms to all applicable data protection and privacy laws, including ensuring that you have first obtained the consent of any and all individuals whose personal information you use or disclose on or through the Site.
Links to other websites
16. The Site may include hyperlinks to other web sites or content or resources. odna group has no control over or responsibility for any web sites or resources provided by organizations or people other than odna group, including for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
17. You acknowledge and agree that odna group is not liable for any loss or damage which may be incurred by you as a result of the availability of third party websites or resources, or as a result of your reliance on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, these web sites or resources.
Disclaimers, exclusions and limitations
18. Information on the Site, including in any publications, does not constitute legal, financial or property advice.
19. The Site is provided “as is” and “as available”. Without limiting this, odna group is not responsible for any content on the Site. Neither odna group nor any of its related bodies corporate, nor any of its directors, officers, employees or agents make any representations or warranties about the Site or its content, including that any information obtained by you as a result of your use of the Site, or the Site or its contents, is accurate or reliable, or that your access to the Site will be uninterrupted and secure. Subject to paragraph 20 of the Terms, odna group excludes, to the maximum extent permitted by law, all direct and indirect liability that may arise because of the use of the Site, including all content, however arising and under any theory of liability, including negligence.
20. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Nothing in the Terms excludes or limits odna group’s liability that may not be lawfully excluded or limited by applicable law. Accordingly, only the limitations that are lawful in your jurisdiction apply to you and odna group’s liability is limited to the maximum extent permitted by law.
21. To the extent permitted by applicable law, odna group’s liability for breach of any implied warranty or condition that cannot be excluded is limited, at odna group’s option, to:
in the case of services supplied by odna group: the re-supply of the services or the payment of the cost of having the services re-supplied;
in the case of goods supplied by odna group: the replacement of the goods or the supply of equivalent goods.
General legal terms
22. Sometimes when you use the Site, you use a service provided by another person. Your use of these other services may be subject to separate terms between you and the other person. If so, the Terms do not affect your legal relationship with this other person.
23. Apart from any other written agreement, such as a Marketing Agreement, between you and odna group, the Terms constitute the whole legal agreement between you and odna group and govern your use of the Site, and replace any prior agreements between you and odna group in relation to the Site.
24. You agree that odna group may provide you with notices, including those about changes to the Terms, by email, regular mail, or postings on the Site.
25. A reference to a “person” in the Terms includes a natural person, corporation, incorporated association, statutory corporation, the Crown and any other type of legal entity.
26. The word “including” means “including but not limited to”.
27. If a part of the Terms cannot be fully enforced, then that part is taken to be deleted from the Terms, unless this is not possible or unless the deletion would change what odna group intends to be the effect of the Terms.
28. The Terms are governed by the laws in force in Queensland. You submit to the non-exclusive jurisdiction of the courts in Queensland and courts competent to hear appeals from those courts to resolve any legal matter arising from the Terms.