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Terms of Use

This page sets out the Terms of Use for the M Dexter & O.J Dexter ABN 65 698 879 614 t/as Omika (“Omika”) website www.omika .com.au and all content at that domain.  You should read these Terms of Use carefully. By continuing to use the website you agree to these Terms of Use.  If you need to contact us, please email us at shop@omika.com.au.

1. License to use the website.  This website provides an online retail store which allows you to view, select and purchase modest clothing.  Subject to you complying with these Terms of Use, we grant you a non-exclusive license to use the website to learn about our business and products, to review content published on the website and to purchase products we make available online. If you become a member you may also publish information on our website and other messaging services, subscribe to our email services and newsletter and have access to additional products we may make available from time to time.

2. Membership.  General access to the website is provided free of charge.  Your access to certain functionality may be subject to you registering on the website and/or confirming membership credentials (such as a username and password) to become a member. For example, receiving exclusive or early access to new products and offers, receiving our electronic newsletter, and contributing to any forums, chat rooms or other similar services we may provide. In becoming a member you must ensure that all information you provide us is true and accurate and remains up to date.  If there are any changes to the information you have provided, you should contact us at shop@omika.com.au or, where you are able to, update your details through your membership login.

You are solely responsibility for ensuring the confidentiality of your membership credentials and the security of how you access your membership account.  You agree to accept full responsibility for all use of your membership credentials.  You should contact us immediately if you suspect or know of any unauthorized use of your membership credentials (such as your username and/or password).  You agree to comply with all reasonable security procedures which we may require you to undertake.

You may terminate your membership at any time by emailing us at shop@omika.com.au or, where you are able to, terminating your membership through your membership login. Your membership may not be transferred or assigned to anyone else.  We reserve the right to terminate your membership account, restrict functionality available to you and/or refuse service to you if we reasonably believe you are in breach of these Terms of Use, any law or the legal rights of any person, or for any other reason.

3. Your contribution to our messaging services. Messaging services” (which includes any communication facility offered over the website to enable communications between you and the public at large, a group or an individual) may only be used for the limited purposes for which you are granted a license for the website (see Terms of Use - License to use the website above).  The types of messaging services available may change over time but may include feedback in forums (such as a facebook page), posting on our website (such as through a blog), and the facility to contact us.

Your use of the website and any messaging service must at all times be reasonable and appropriate and any information you provide must be true, accurate, up to date and not misleading.  Specifically, you also must not (i) transmit content that is sexual, obscene, defamatory, disparaging, offensive, abusive, harassing or threatening, discriminatory or liable to incite racial hatred or which could in any other way reasonably be considered to be inappropriate; (ii) exploit or embarrass someone, provide any image or information about someone without their consent or impersonate someone; or (iii) promote, provide information about, cause or contribute to an activity which is unlawful or the infringement of the intellectual property, publicity, privacy,  confidentiality or any other legal rights of any person; (iv) advertise, discuss, or provide information or any other content about any products or services that are illegal, related to the adult entertainment industry or are otherwise subject to legal restrictions; (v) advertise, offer to sell or buy any goods or services or provide professional advice for any business purpose (including in competition with the website) except as is clearly permitted by these Terms of Use and within our contemplation in providing that facility (for example, in a directory listing); (vi) mislead or deceive including impersonating any person or falsifying or deleting any author attributions, legal or other notices; (vii) download any content which you know, or reasonably should know, cannot be legally distributed in such manner; or (viii) restrict or inhibit any other user from using and enjoying a messaging service.

If you inadvertently publish content in some circumstances you may be able to remove that content by logging into your member account.  If not, please email us and we will endeavor to assist. Not all content published can be readily retracted (or retracted at all) such as if it has passed to a communication system outside of our control.  Such information may be retained by our computer systems.

Do not assume we vet any person or business using the Website.  We have the right (but not the obligation) to monitor use of the messaging service(s) and we may intervene in, alter, remove or prohibit content and communications as we determine to be appropriate. We do however only as a passive conduit and do not monitor material published by Website users on a constant basis.

Use caution always when giving out any information about yourself and or your business, especially if it can be used to personally identify you. Disclose any personal information at your own risk. Please assume all messaging services are not secure and exercise extreme caution.

4. Content provided by others.  Any opinions, advice, comments or other content contributed by our third party suppliers or other website users do not represent our own views, opinions or comments nor our endorsement of any business operated or promoted by that contributor.  Although we may do so, you should always assume that we have not monitored or reviewed content posted by others. You should perform all inquiries as appropriate in the circumstances to verify any content posted by others on the website prior to relying on it and you assume full responsibility for any reliance you place on that material.  Although it is prohibited by our website Terms of Use, you acknowledge that you may encounter content provided by others which is sexual, obscene, offensive, illegal (including breaching confidentiality or intellectual property rights, being misleading and/or being defamatory) or otherwise inappropriate.  If this happens, please contact us immediately.  Where we consider it appropriate, we may take steps to remove the content.

5. Limitations on our involvement and services. At times the website may advertise different businesses.  You agree that in no way: (i) do we act as an employer (of website users or members), an employment agency, broker or any type of referral service; or (ii) are we involved in any aspect of the relationship between you and any other website user – any contact or relationship you establish is purely a matter between you and that user.

6. Website functionality. The website functionality may change over time and without you receiving notice. It may include the addition or removal of content and/or products and/or services, the addition of new features or variations to existing features (such as look and feel and the user interface), and the restriction of the use of any available messaging service(s). If you are not satisfied with any changes to the website functionality, you may terminate your use of the website and this agreement (see Termination below).

7. Prohibitions as to your use of the website generally. In addition to all other requirements in these Terms of Use, you must not use the website (i) to bring us or the website into disrepute; (ii) in any manner which is unlawful or which causes you or us to breach any law, regulation, rule, code or other legal obligation; (iii) for the purpose of commercial resupply of products or services offered over or available from the website; (iv) in any manner which could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website; (v) to obtain or attempt to obtain access to any materials or information through any means not intentionally made available or provided for through the website; (vi) to harvest or otherwise collect information about others, including e-mail addresses, or to send any junk mail or unsolicited commercial messages; (vii) to change or attempt to change the presentation, content or layout of any part of the website; (viii) to attempt to probe, test or circumvent the security aspects of the website; (ix) to use any code or device referring to the website or otherwise to our network(s) to direct people to another web page or to use any device or mechanism, such as a browser, spider, robot, avatar or other intelligent agent, to navigate or search the website or any of our network(s) other than generally available third party web browsers (such as Microsoft Explorer); (x) to attempt to modify, adapt, sublicense, translate, sell, decipher, decompile, disassemble, reverse engineer or otherwise disassemble any portion of the Website (except to the extent permitted by law); or (xi) to upload files that contain viruses, corrupted files, or any other similar software or programs that may limit or damage the operation of another's computer.

8. Website security. You agree to comply with all reasonable security procedures which we may require.  If you suspect or know of any unauthorized use of the website, you must contact us immediately.

9. Linking. The website may contain links to or from other external websites not operated by us ("linked sites"). The linked sites are not under our control and we are not responsible for the contents of or transmissions from any linked site. Where we provide links, we do so for your convenience only and in no way endorse or recommend the linked site, its products or services. By using a link to an external website, you accept the risk of any viruses, Trojan horses or worms associated with that website or any other negative impact it may have upon your computer.  

Please contact us to request permission if you would like to link to, frame or mirror any part of the website or to include a link in content you provide through a messaging service. You must not proceed without our express permission.  However, since we cannot control external websites linking to our website, and links should not be considered as our endorsement of any external website or business.   

10. Intellectual property rights. The website, products available over the website and our communications with you may contain material that is protected by Australian and international intellectual property laws, confidentiality and other legal rights and obligations.  You must ensure you do not breach those rights and obligations and comply with any limitations on use, reproduction and/or dissemination.  This applies to content we provide and content provided by others.  You may not:

  • re-use any content or website service in providing your own publications, website, other type of distribution service(s) or for the purpose of commercial re-supply; or
  • reproduce content without our express permission or the permission of the copyright owner (except that you may print a copy of any page within the website for your own personal use).

We do not claim ownership in any content you provide via the messaging service(s) (“content you provide”). You grant us, our affiliates and sublicensees, a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable license to use the content you provide in any way and permit us to authorize any person to do the same thing, including reproducing, changing and communicating the content to the public or using it in connection with the operation of our business. You acknowledge that your name may be published in connection with content you provide. You represent and warrant to us that you have all necessary rights to grant the licenses and rights set out in this paragraph. You consent to any act or omission which would otherwise constitute an infringement of your moral rights and, if you add any content in which any other person has moral rights, you must also ensure that person also consents in the same manner.  The licenses and permissions granted in this paragraph continue after termination of these Terms of Use.  Except for the limited license expressly granted, nothing in these Terms of Use constitutes a transfer of any intellectual property rights to you. As between you and us and except in respect of any content you provide, we own all intellectual property rights in connection with the website.

Third party intellectual property.  Provision of the website, including any related content and services, may include the sublicensing of third party content, software, information systems and/or other material.

11. Information about you. You agree to ensure you keep your contact (and other) details with us up to date, accurate and working.  If you need to update any details you may do so through your member login or by contacting us.  Upon our request, you agree to provide us with identification and other information as we may reasonably require to verify your identity, your compliance with the Terms of Use or as may be required by any law or government agency.   We may also collect and disclose information about you in the instances set out in the Privacy Policy.

12. Warnings and Disclaimers. The provisions below are subject to all applicable laws which prohibit or restrict the exclusion or modification of implied warranties and/or limitations on our liability.

We exclude all representations and warranties related to any goods or services we provide other than those expressly set out in these Terms of Use and those which by law cannot be excluded.

The website, including all functionality and content, are provided “as is” and may contain inaccuracies, errors and/or be out of date, may be unreliable and unsuitable for your requirements and purposes and may not provide the results you desire. Your use of the website and related services is on the basis that you assume responsibility for all associated risks, whether or not foreseen. 

The products we supply to you are covered by the Australian Consumer Law (“ACL”) and we guarantee that goods will be of an acceptable quality (as that term is defined by relevant law), taking into consideration the price you have paid for such goods/services and any deficiencies of which we have advised you in these Terms of Use (or otherwise).

Where goods or services fail to meet the guarantees mandated by the ACL you may be entitled to: (i) for any major failure, a refund and compensation for your losses or damages which were reasonably foreseeable; or (ii)for a non-major failure and at our option, to have the goods (if relevant) repaired or replaced and/or to have the services (if relevant) re-supplied by us or to be reimbursed the cost of their re-supply (in both cases, at our option).

To the maximum extent permitted by law:

1.    You assume all risk: your use of the website, any goods or services we provide, any messaging service(s) and any content is on the basis that you assume responsibility for all associated risks, whether or not foreseen, and that we are in no way liable or responsible except as set out in this section;

 2.    Exclusion of warranties etc: we exclude all representations and warranties in respect of the website, website functionality, messaging service(s), content, any goods or services we provide and the subject matter of this agreement, other than those expressly set out in these Terms of Use and those which by law cannot be excluded;

 3.    Limitation of liability: In summary, we limit our liability to you (or anyone else) to the lesser of the amount we have charged you (or, where no amount has been charged, $10) or the cost of us remedying any defect. This means that our total liability (including the total liability of our officers, directors, employees, agents, representatives and third party suppliers) to you or any other third party, in aggregate, regardless of the nature of the claim (whether contract, tort, intellectual property based or otherwise) and whether arising by way of losses, damages or otherwise is limited to the lesser of: (i) the fees we have charged you (or if we have not charge you any fees, $10); or (ii) the cost of us remedying any defect; and all liability in respect of any special, indirect or consequential loss or damage is excluded (except for any consequential loss which cannot be excluded by law, such as that arising under the ACL).

Liability limited by this section includes liability in any way related to: the website, including any website functionality and any messaging service(s), the security of the website, website functionality and any messaging service(s), links by external websites to or from the website and the linked sites, advertising on the website, content and/or your reliance on any content, the conduct of other website users, support we may provide to you; and loss of data, breach of our Privacy Policy and/or interruption of business.  

You also agree to waive any claim which you may otherwise have against any of our third party suppliers. To the extent that any provision purporting to limit our liability is held to be unenforceable, then our liability shall be limited to the maximum extent permitted by law.

 4.    Where limitation cannot legally be limited, then to the maximum extent permitted by law, our liability in respect of any claim, at our option, is limited to:

(i)         in the case of goods, either the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of having the goods repaired, and

(ii)       in the case of services, either the supply of the services again; or the payment of the cost of having the services supplied again.

The security of any payments made in respect of the website (such as for membership) is dependent upon the security of our third party payment systems provider(s).  We in no way guarantee or make any recommendations as to the security or reliability of their systems.  Any use of their payment systems is entirely at your risk and you agree that we are in no way responsible for any inadequacy in the security measures or failures in the security of the payment systems.  Should you prefer, you may contact us directly on shop@omika.com.au to discuss any alternative payment method.

13. Your liability to us. You agree to indemnify us and hold us (and our officers, agents and employees) harmless from any claim or demand (including legal fees), or any claim or demand made by a third party, and against all losses, damages, costs and expenses of any nature whatsoever arising out of or in relation to your breach of these Terms of Use, the Terms of Sale, or any law or regulation or the legal rights of any person which relate in any way to your use of the website, the messaging services and any product you purchase from us.

14. Changes to the Terms of Use. We may change the Terms of Use by publishing an updated version on the website which will supersede all previous versions. At all times you are free to terminate your use of the website and this agreement with us without any charge or penalty.

15. Termination. Termination of your membership may be of immediate effect and without any prior notice. You may do this by contacting us at shop@omika.com.au. Any rights, obligations and liabilities which have accrued at the point of termination will continue beyond and survive termination.  Any content you have previously provided may or may not (in our discretion) be removed following termination of this agreement.

16. Miscellaneous. You agree that notices and other communications are sent to your last advised email address.  You must keep us updated with your current working email address and ensure that our emails do not get filtered to your “junk” email folder or get blocked by your firewall.

You may contact us at shop@omika.com.au if you are experiencing any problems with any website user. You agree however that we will never be involved in any dispute between you and any other website user.

You may only use the website within Australia.  As an individual, you must be at least eighteen years of age and an Australian resident.  As a company you must be incorporated and conducting business within Australia.  If you are accessing the website on behalf of a company, you must be duly authorized to accept these Terms of Use on behalf of that company. You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms of Use. If you do not comply with these Terms of Use you should immediately cease all use of the website. 

These Terms of Use (which include, where applicable, the Terms of Sale and any other terms notified to you at the point of sale), form the entire agreement between you and us with respect to the subjects set out in these Terms of Use.  If any provision of these Terms of Use is invalid or unenforceable, the relevant provision shall be deemed to be removed and replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall continue in full force and effect.  Any failure to assert any right under the Terms of Use does not constitute a waiver of such right. No waiver of any term of the Terms of Use will be deemed a further or continuing waiver of that term.  These Terms of Use are governed by and construed in accordance with the laws of Western Australia and each party submits to the non-exclusive jurisdiction of the courts of Western Australia.

17. Definitions. In addition to the definitions already set out: “content” means any information, opinions, commentary, graphics and any other materials viewable on the website or otherwise transmitted using the website or any messaging service; “including” and “may include” mean “including but not limited to” and “may include (without limitation)” respectively; “member” means any person or business who we have accepted as a member of the website;membership credentials” means the username, password or any other information which is used to access a membership account;the website” means www.omika.com.au and all content residing in that domain, including the website functionality, any messaging service(s), the layout, design and underlying code and systems; “we”, “us” and “our” refers to M Dexter & O.J Dexter t/as Omika ABN 65 698 879 614;website functionality” means the nature, composition, features, availability, functions and all other aspects of the operation of the website; andyou” and “your” refer to (i) you as a website user personally and (ii) if you are accessing the website within the scope of your employment and/or on behalf of a company, that employer and/or company (as appropriate).

(Updated as at 21 October 2014)

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