Terms of service
OVERVIEW
This website is operated by OMG Garage. Throughout the site, the terms “we”, “us” and “our” refer to OMG Garage. OMG Garage offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please carefully read these Terms of Service before accessing or using our website. By accessing or using any part of the site, you agree to comply with these Terms of Service. If you do not agree to all the terms and conditions in this agreement, you may not access the website or use any services. Acceptance of these Terms of Service is expressly limited to them if they are considered an offer.
Any new features or tools added to the current store will also be governed by the Terms of Service. You can review the most recent version of the Terms of Service at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to check this page regularly for updates. Your continued use of or access to the website after the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By accepting these Terms of Service, you confirm that you are of legal age in your state or province of residence, or that you have obtained parental consent for any minor dependents to use this site.
You are prohibited from using our products for unlawful or unauthorized purposes, and must not violate any laws applicable in your jurisdiction (including, but not limited to, copyright laws).
You are strictly prohibited from transmitting any worms, viruses, or any other harmful code. Failure to comply with any of these terms will lead to the immediate termination of your access to our services.
SECTION 2 – GENERAL CONDITIONS
We retain the right to decline service to any individual at our discretion and without explanation.
You acknowledge that your content (excluding credit card details) might be transmitted unencrypted and undergo modifications to meet the technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to replicate, copy, sell, exploit, or misuse any part of the Service, its usage, or access, or any contact details provided on the website, without obtaining express written consent from us.
The headings used in this agreement are provided for convenience only and do not impose any limitations or alterations to these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We do not assume responsibility if the information presented on this site is inaccurate, incomplete, or not up-to-date. The content provided here is intended for general informational purposes only and should not be solely relied upon for making decisions without consulting more primary, accurate, complete, or timely sources of information. Any reliance on the material found on this site is done at your own risk.
Certain information on this site may pertain to historical data. It's important to note that historical information may not be current and is provided for reference purposes only. We retain the right to alter the contents of this site at any given time, though we are not obligated to update any information provided. You agree that it is your responsibility to keep track of any changes made to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products may change without prior notice.
We retain the right to alter or cease the Service (or any aspect or content of it) at any time without prior notification.
We are not responsible to you or any third party for any changes in pricing, suspension, or termination of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be exclusively available online through our website. These items may have limited quantities and are only eligible for return or exchange as outlined in our Refund & Return Policy.
We have endeavored to accurately represent the colors and images of our products on the store. However, we cannot guarantee that your computer monitor will accurately display every color.
We retain the right, though not obligated, to restrict the sale of our products or services to certain individuals, geographic regions, or jurisdictions. This right may be exercised on a case-by-case basis. We also reserve the right to limit the quantities of any products or services offered. Descriptions of products or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited.
We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, nor do we warrant that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We maintain the authority to decline any order you make with us. We may, at our sole discretion, restrict or cancel quantities purchased per individual, household, or order. These limitations may apply to orders made under the same customer account, the same credit card, and/or orders utilizing identical billing and/or shipping addresses. Should we alter or cancel an order, we will endeavor to notify you by reaching out to the email and/or billing address/phone number provided when the order was placed. We retain the right to restrict or disallow orders that, in our sole judgment, seem to be placed by dealers, resellers, or distributors.
You consent to providing current, complete, and accurate purchase and account details for all purchases made at our store. You further agree to promptly update your account and other information, including your email address and credit card details such as numbers and expiration dates, to ensure the smooth completion of your transactions and to allow us to contact you as necessary.
For additional information, please refer to our Refund & Return Policy.
SECTION 7 – OPTIONAL TOOLS
We may grant you access to third-party tools that we do not monitor or control.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall not be liable for any issues arising from or related to your use of optional third-party tools.
Your use of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms provided by the relevant third-party provider(s).
Furthermore, we may introduce new services and/or features through the website in the future (including the release of new tools and resources). These new features and/or services will also be governed by these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Some content, products, and services accessible through our Service may contain materials sourced from third parties.
Links to third-party websites on this site may redirect you to platforms unaffiliated with us. We do not assume responsibility for scrutinizing or verifying the content's accuracy, and we do not guarantee or accept liability for any third-party materials or websites, nor for any other items, products, or services from third parties.
We are not accountable for any damages or harm resulting from the purchase or use of goods, services, resources, content, or any other transactions associated with third-party websites. Before engaging in any transaction, carefully review the policies and practices of the third party and ensure your understanding. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, upon our request, you submit specific materials (such as contest entries), or if you voluntarily provide creative ideas, suggestions, proposals, plans, or other content, whether via online platforms, email, postal mail, or otherwise (collectively referred to as "comments"), you acknowledge and agree that we may, without restriction, edit, copy, publish, distribute, translate, and otherwise utilize any comments you forward to us in any medium, at any time. We are not obligated to (1) keep any comments confidential, (2) provide compensation for any comments, or (3) respond to any comments.
While we reserve the right, we are not obligated to monitor, edit, or remove content that we, in our sole discretion, deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.
By submitting comments, you agree that your content will not infringe upon any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain libelous, unlawful, abusive, or obscene material, nor will they contain any computer viruses or malware that could interfere with the operation of the Service or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties regarding the origin of any comments. You are solely responsible for the accuracy of your comments. We do not accept responsibility or liability for any comments posted by you or any third party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be occurrences of typographical errors, inaccuracies, or omissions in the information presented on our site or within the Service. These may pertain to product descriptions, pricing, promotions, offers, shipping charges, transit times, and product availability. We retain the right to rectify any such errors, inaccuracies, or omissions, and to modify or update information, or cancel orders as necessary, if any information within the Service or on associated websites proves to be incorrect, without prior notification (even after an order has been placed).
We are not obligated to routinely update, amend, or clarify information within the Service or on related websites, including pricing details, except as required by law. The absence of a specified update or refresh date within the Service or on associated websites should not be interpreted as an indication that all information within the Service or on associated websites has been altered or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We cannot guarantee, represent, or warrant that your use of our service will be continuous, timely, secure, or free from errors. We also cannot guarantee that the results obtained from using the service will be accurate or reliable.
You acknowledge that we may occasionally suspend or terminate the service for indefinite periods or cancel it at any time without prior notice to you.
You explicitly acknowledge that your use of, or inability to use, the service is solely at your own risk. The service and all products and services provided to you through it are offered "as is" and "as available," without any express or implied representations, warranties, or conditions, including but not limited to implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement, unless expressly stated by us.
In no event shall OMG Garage, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to lost profits, revenue, savings, data, replacement costs, or similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products obtained through the service, or for any other claim related to your use of the service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of using the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if advised of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to protect, defend, and absolve OMG Garage, along with our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable legal fees, made by any third party due to or arising from your violation of these Terms of Service or the documents they refer to, or your infringement of any law or third-party rights.
SECTION 15 – SEVERABILITY
If any part of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will still be enforceable to the fullest extent allowed by law. The unenforceable portion will be considered severed from these Terms of Service, but this ruling will not affect the validity and enforceability of the remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure on our part to exercise or enforce any right or provision of these Terms of Service does not waive such right or provision.
These Terms of Service, along with any policies or operating rules posted by us on this site or concerning The Service, constitute the complete agreement and understanding between you and us. They govern your use of the Service, overriding any previous or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any uncertainties in the interpretation of these Terms of Service will not be construed against the party who drafted them.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@omggarage.com.au.
Warranty and Installation Terms: We do not cover or pay for any installation, labor, or repair work arising from warranty claims, recalls, or product defects. Our warranty covers only the supplied lights themselves. Any associated costs related to installation or corrective work remain the customer’s responsibility.