Terms of Service

Effective date: April 3, 2023

1. About this website

Website Owner = Obvious Choice Pty Ltd (ABN 80 137 166 388) (“ Obvious Choice ”) Domainname = http://www.obviouschoice.com.au the “website”

2. About these terms of use

These website terms of use (“terms of use”) and the associated Privacy Statement (“privacypolicy”) govern your access to and use of the website. You should read these terms of use andthe privacy policy carefully before using this website.

3. Your access/use implies agreement

The website is available for your use only on condition that you agree to these terms of use. Byaccessing/using the website, you are signifying that you agree to be bound by these terms.

4. Modifications to the Terms

Obvious Choice may revise and update these terms of use at any time. Your continued usage ofthe website after any changes to these terms of use will mean you accept those changes.

5. Modifications to the information

Obvious Choice does not warrant the accuracy, adequacy or completeness of material on thiswebsite. All information may be changed, supplemented, deleted or updated without notice atthe sole discretion of Obvious Choice.

6. Errors and problems

Obvious Choice does not guarantee that the website will be free from viruses, or that access tothe website will be uninterrupted.

7. License and Ownership

The copyright for the content on this website is owned or licensed by Obvious Choice and isprotected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia andother countries. No material on this website may be reproduced, adapted, uploaded to a thirdparty, linked to, framed, performed in public, distributed or transmitted in any form by anyprocess without the specific written consent of Obvious Choice.

All custom graphics, icons, and other items that appear on the website and all associatedtrademarks, are trademarks of Obvious Choice.

8. Obvious Choice Privacy Policy

The Obvious Choice privacy policy governs the use of information collected from or provided byyou at the website. A policy statement prepared by Obvious Choice for the purposes of beingmade available to customers and the general public declaring the company's commitment tothe Privacy Act 1988 (Cth) (hereinafter the “Privacy Act”) for a company required to comply isavailable at http://www.obviouschoice.com.au/obvious_choice_privacy_policy.pdf

9. Feedback, suggestions, comments or requests

Any feedback, suggestions, comments or requests (“comments”) may be made to info@obviouschoice.com.au and if you do make comments, you acknowledge that: they willnot be considered confidential or proprietary, and Obvious Choice is under no obligation tokeep such information confidential, and Obvious Choice will have an unrestricted, irrevocable,world‐wide, royalty free right to use, communicate, reproduce, publish, display, distribute andexploit such comments in any manner it chooses.

9. Outbound links

The website may contain links to third‐party websites and resources (“linked sites”). Theselinked sites are provided solely as a convenience to you and not as an endorsement by ObviousChoice. Obvious Choice makes no representations or warranties regarding the availability,correctness, accuracy, performance or quality of the linked site or any content, software,service or application found at any linked site.

10. Inbound links

Obvious Choice generally encourages and agrees to your linking to the Home page through aplain text link on your website without the need for agreement between yourself and ObviousChoice..

11. Jurisdiction

The Australian section is provided for use only by Australian residents. The law applicable to useof the Australian section and to disputes arising out of the Australian section is the law of theState of South Australia . The International Section is provided for use by residents of anycountry in the world but, to the fullest extent permitted by law, the law applicable to use of theInternational Section and to disputes arising out of the International Section is the laws of theState of South Australia.

12. Disclaimer of Warranties

Obvious Choice makes no representations or warranties about the accuracy, completeness,security or timeliness of the content, information or services provided by the website anddisclaims all warranties, either express or implied, statutory or otherwise, including but notlimited to the implied warranties of merchantability, non‐infringement of third parties' rights,and fitness for a particular purpose.

13. Limitation of Liability

If Obvious Choice is found responsible for any damages, Obvious Choice is responsible foractual damages only. In no event shall Obvious Choice, be liable for any incidental, indirect,exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lostdata or business interruption resulting from the use of or inability to use the website.

14.General Conditions of Sale

The following Conditions of Sale shall apply to any service sold on this website. These Conditionsof Sale constitute a complete and exclusive statement of the agreement and understandingbetween you and Obvious Choice with respect to the subject matter hereof.

a. The services available on the website for sale under these Conditions of Sale are onlyavailable for sale to organisations and individuals who can make legally binding contracts. Theservices are not available to persons under the age of 18 years nor any other person legallyprohibited from entering into a binding contract. By placing your order you are verifying to theObvious Choice that you are able to make a legally binding contract.

b. Your order is an offer by you to purchase a particular service for the price (including taxes) specified on the website at the time of offer and shall be understood to be placed under theseConditions of Sale.

c. These Conditions of Sale may change from time to time and you are required within reason torevisit these before placing your order to ensure that these Conditions of Sale have notchanged.

d. Obvious Choice reserves the right to accept or reject your offer for any reason, including,without limitation, an error in the service description or the price posted on the website, theavailability of the service, or an error in your order. Your contract with Obvious Choice onlycomes into existence when Obvious Choice forwards you an email containing confirmation ofreceipt of your order, an acceptance of your order, confirmation of receipt of your payment anddetails of likely provision of services.

e. This contract shall be governed by and construed in accordance with the law in effect in theState of South Australia and by entering into contract both parties are accepting the jurisdictionof the courts of the State of South Australia in relation to any dispute between them.

f. Obvious Choice shall not be responsible for non‐delivery or delay in delivery of any servicescaused by force majeure and you and Obvious Choice shall be excused from performance oftheir respective obligations when and to the extent such performance is delayed or preventedby force majeure. If your need for the servicesis reduced or suspended as a result of forcemajeure, and notification is within reasonable time of acceptance of the Order and prior totransfer of ownership, you shall be entitled to terminate the agreement. For the purpose of thiscommitment force majeure shall include but is not limited to natural disasters, civil disasters,political event, change of legal / political environment, business disruption, accidents,earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire,landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financialmarkets disturbances, changes of regime or tax or regulatory authority, energy failure, externaltelecommunications failure, and/or failure of transport systems.

g. You assume all risks and liabilities for consequences arising from the use of the serviceswhether singly or in combination with other services and indemnify Obvious Choice in respectof any such use.

h. Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutoryobligation of Obvious Choice.

i. All software license(s) purchased through Obvious Choice are final and there are no refunds.