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This website, including any sub-site accessible through the homepage (the "Site"), is published and maintained by subsidiaries, affiliates, and/or related entities of OZICAL Technology Pty Ltd. Please note that when you enter any sub-site accessible through this homepage or the shopping page, such sub-site may have its own terms and conditions of use which are specific to such sub-site. When you access, browse, or use this Site you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth in any sub-site.
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Your Right to Use the Site and Its Contents
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This Site is only for your personal use. You may not distribute exchange, modify, sell, or transmit anything you copy from this Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose, unless expressly granted permission to do so. As long as you comply with the terms of these Terms and Conditions of Use, OZICAL grants you a non-exclusive, non-transferable, limited right to enter, display, and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.
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Ownership
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All materials on this Site, including but not limited to audio, images, software, text, and video clips (the "Content"), are protected by copyright under Australian copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. There are a number of proprietary logos, service marks, and trademarks found on this Site. By making them available on this Site, OZICAL is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You may download one (1) copy only of the Content to be used only by you for your personal use at home, unless the sub-site you are accessing states that you may not. If you download any Content from this Site, you may not remove any copyright or trademark notices or other notices that go with it.
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Rules for Chat Rooms, Bulletin Boards, and Other User-Supplied Material
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This website may have an area which allows you to "chat" or upload and download materials. When using any of these areas, you agree not to post, send, transmit, upload, or otherwise publish through this Site, any materials that (1) interfere with anyone else's use of the Site; (2) are abusive, illegal, indecent, obscene, offensive, or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone's copyright or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional terms which are referred to on this Site or any sub-site within the website.
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Responsibility for User's Material
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You are prohibited from posting or transmitting any defamatory, libellous, obscene, pornographic, profane, threatening, or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although OZICAL may from time to time monitor or review bulletin boards, chat rooms, discussions, postings, transmissions, and the like on the Site, OZICAL is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. OZICAL may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate OZICAL's policies in any way. OZICAL will fully cooperate with any law enforcement authorities or court order requesting or directing OZICAL to disclose the identity of anyone posting such materials.
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OZICAL's Rights to User's Material
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If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way OZICAL uses such material.
Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or used by OZICAL anywhere in the world, in any medium, forever. Furthermore, OZICAL is free to use, without any compensation to you, any concepts, ideas, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. However, you agree and understand that OZICAL is not obligated to use any such ideas or materials, and you have no rights to compel such use.
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Transmitted Material
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Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to OZICAL does not cause OZICAL to have any special responsibility to you.
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Links
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This website may contain links to other Internet sites on the World Wide Web. OZICAL provides such links for your convenience only, and is not responsible for the content of any website linked to or from this Site. Links from this Site to any other website do not mean that OZICAL approves of, endorses, or recommends that website. OZICAL disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.
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Contests
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This Site may contain contests that offer prizes or that requires you to send in material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.
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Rules for Kids (Under Age 16)
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If you are under 16, you should ask your parents or a guardian before you:
- E-mail the Site, or ask us to e-mail anything to you
- Send in any information
- Enter any contest or game that requires information about you or offers a prize
- Join any club or group
- Post any information on any bulletin board or enter any chat room or
- Buy anything online.
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Availability of Products and Services
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The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location. You should check with your local OZICAL authorised representative for the availability of specific products and services in your area.
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OZICAL's Right to Change These Terms and Conditions of Use or Content on the Site
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OZICAL may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. OZICAL may add, change, discontinue, remove, or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
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Indemnification
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You agree to indemnify, defend, and hold OZICAL and all of its agents, directors, employees, information providers, licensors and licensees, officers, and parent (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in OZICAL's defence of any claim. OZICAL reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of OZICAL.
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Disclaimer of Warranties and Damages; Limitation of Liability
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YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, OZICAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO OZICAL'S NEGLIGENCE, SHALL OZICAL BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF OZICAL OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OZICAL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
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General Provisions
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These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between OZICAL and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of New South Wales without reference to its conflicts of law rules.
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Our Guarantee
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We guarantee our products to be free of manufacturing defects and will accept defective items for a refund. If you are not 100% satisfied with your item, you can return within 14 days from the original invoice date for full refund.
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Return Policy
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OZICAL's return policy allows for products purchased directly from OZICAL and its authorised retail partners shipped to locations in Australia, New Zealand and the Oceania region to be returned by you after obtaining a OZICAL return authorization number (RA) during the 30 day period following date of shipment by OZICAL or its authorised retail partners for a refund of purchase price actually paid (unless items have been specifically listed as non-returnable items). We will not issue a refund on any CD, DVD, or software that has been opened (taken out of its plastic wrap) or downloaded. If you have received damaged, defective or incorrectly shipped merchandise please notify Customer Service within 14 days. The Return Authorization Number (RAN) may be obtained calling OZICAL's Customer Support at 612 9525 1320 and must be noted on the outside of the returned product's container. Products must be returned in the original packaging. Shipping and handling charges are not refundable. Damage and missing part restocking fees may apply. Return Authorization Numbers (RANs) are valid for only 14 days from issuance. You are responsible for and must prepay all shipping charges and you shall assume all risk of loss or damage to Product while in transit to OZICAL. If you return a Product to OZICAL (i) without a RAN from OZICAL or (ii) beyond the 14 day issuance period, or (iii) without proper packaging, OZICAL retains the right to either refuse delivery of such return or charge you a restocking fee. Please allow up to eight weeks for OZICAL to credit your account.
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Returning an Item
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To return merchandise, please follow these simple steps:
- Call our Customer Service Desk by dialling 612-9525 1320 and obtain a Return Authorization number. Our desk is open from Monday – Friday, 9am to 5:30pm Easter Standard Time, excluding holidays. Please have your receipt handy.
- Ship the product in its original package together with all its contents - including accessories, cables, etc. ---- accompanied by a copy of the receipt or invoice and the Return Authorization Number that must be clearly printed/written on the invoice. Secure the item carefully inside the box with suitable packing materials to ensure protection during transit.
- We strongly recommend shipping your package with a carrier that can provide you with a tracking information service.
- Ship to the following address:
OZICAL Technology Pty Ltd.
7/22-30 Northumberland Drive
Caringbah NSW 2239
AUSTRALIA
- Once we receive your package, we will process it for a refund. Please allow up to 8 weeks to process (refund is less shipping cost from original order).
- At this time, we don’t accept exchanges.
PLEASE DO NOT RETURN OR SEND BACK MERCHANDISE WITHOUT OBTAINING A RETURN AUTHORIZATION NUMBER FROM US.
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Shipping and Handling/Risk of Loss
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Product prices do not include shipping and handling. OZICAL will use its discretion in selecting a reputable carrier and appropriate means of shipment. We ship only in the USA and requires signature for delivery.
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Terms and Condition of Sale
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THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM OZICAL Technology Pty Ltd ("OZICAL"). PLEASE READ IT CAREFULLY. NO OTHER TERMS APPLY. BY SUBMITTING YOUR ORDER YOU ARE AGREEING TO THESE TERMS.
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Definition
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"Product" shall mean any item offered for sale or licensing on the otekaustralia.com.au Web site or OZICAL's direct sales materials (ads, catalogues, specifications sheets etc.), including but not limited to hardware devices, software, accessories, configurations of hardware and software, CDs and DVDs, and documentation.
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Entire Agreement
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The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend these terms and conditions or to enter an order for product(s) which is subject to additional or altered terms and conditions shall be null and void.
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Orders/Acceptance by OZICAL/Acceptance of this Agreement by You
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All orders of products placed by you with OZICAL are non-cancellable and shall be subject to acceptance by OZICAL. OZICAL reserves the right to reject any order you place with us, and/or to limit the quantities on any order. Notwithstanding any order confirmation or other communications sent by OZICAL, your order shall not be deemed accepted by OZICAL until OZICAL's shipment of the products ordered. Your submission of your order shall constitute your full acceptance of these terms and conditions. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT SUBMIT AN ORDER.
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Limited Warranties
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With respect to OTEK-branded products, OZICAL makes no warranties except those stated in the OZICAL limited warranty cards included with the products, or, in the case of optional extended warranties issued by OZICAL, such extended warranty documentation. With respect to third party (IE. non-OTEK branded) products, such products are sold by OZICAL AS IS. However the third party manufacturer or supplier of these products may offer its own warranties, and you agree to look solely to such manufacturer or supplier for any warranty related claims. OZICAL EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT.
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Software License Terms
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All software (including pre-loaded software contained in hardware) is provided subject to such software's user license agreement. You agree that you will be bound to such agreement.
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Payment Terms, Price Confirmation and Billing Errors
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Unless otherwise indicated, the purchase price of products will be billed in full at the time of product shipment. OZICAL will charge credit cards upon shipment. OZICAL accepts Mastercard and Visa. OZICAL does not accept cash, COD, purchase orders, personal cheques unless specific arrangements have been made for business sales. OZICAL payment terms are subject to change without notice at OZICAL's sole discretion. For web orders, we confirm the price of a product as part of our order processing procedures. In the unlikely event that a price stated on anOZICAL Web site or direct sales materials are incorrect, then the following applies: If a product's correct price is lower than our stated price, we charge the lower price and ship you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. OZICAL shall not be liable for any billing errors unless you advise us of such billing error within sixty (60) days of its transaction date.
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Products
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OZICAL continually updates and revises Products. OZICAL may revise and/or discontinue Products at any time. Changes in products shipped and products described on OZICAL websites and/or direct sales materials are possible. OZICAL Products are new unless specified as refurbished.
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Limitation of Liability
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BOTH YOURS AND THE LIABILITY OF OZICAL SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR OZICAL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE , OR OTHERWISE. NEITHER YOU NOR OZICAL SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
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Taxes
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Prices do not include any sales, local or other similar taxes. Where applicable, taxes will be shown on and added to your invoice. All such taxes shall be paid by you.
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Resale
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You certify and agree that you are purchasing product(s) for your own personal and not for resale. You shall not remove components from product for resale.
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Title
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Title to product(s) other than software passes from OZICAL to you upon shipment from OZICAL's facility. Title to software shall remain with the applicable licensor(s).
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Headings
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The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
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Critical Components
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The products are not authorized for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.
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Force Majeure
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OZICAL shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond the control of OZICAL. Quantities are subject to availability. In the event of shortage, OZICAL may allocate sales and deliveries in its sole discretion.
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Waiver/Invalidity
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Failure of OZICAL to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.
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Entire Agreement
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These terms and conditions constitute the entire and exclusive agreement between you and OZICAL concerning the products and your purchase hereunder and supersede any and all statements or other agreements, whether oral or written, between you and OZICAL.
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Trademark
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The trademark "OTEK" and any other product names, service names or logos of OZICAL used, quoted and/or referenced in this Web Site are trademarks or registered trademarks of OZICAL Technology Pty Ltd or any of its affiliates. Other product names and/or company names used in the Web Site may be protected as their trademarks and/or trade names.
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