Ocean & Earth International Pty Ltd will not collect any personally-identifiable information about you (e.g., your name, address, telephone number or e-mail address (“personal data”) through our websites unless you have provided it to us voluntarily. If you do not want your personal data collected, please do not submit it to us.

When you do provide us with personal data, we may use that information in the following ways, unless stated otherwise: we may store and process that information to better understand your needs and how we can improve our products and services; we (or a fulfillment house or other third party on our behalf in connection with a promotion)may use that information to contact you; and/or we may provide other third parties with aggregate – but not individual – information about visitors to or users of our sites. We do not now and do not intend to sell, rent or market personal data about you to third parties.

CHILDREN

Ocean & Earth International Pty Ltd has no intention of collecting any personal data from individuals under thirteen years of age. Where appropriate, the Company will specifically instruct children not to submit such information on our websites and/or will take reasonable steps to ensure parental consent to such submission.

Parents should be aware that Ocean & Earth International Pty Ltd Privacy Policy will govern our use of personal data, but that information which is voluntarily given by children or others in chat sessions, e-mail exchanges, bulletin boards or the like may be used by other parties to generate unsolicited mail. Ocean & Earth International Pty Ltd encourages all parents to instruct their children in the safe and responsible use of their personal data while using the Internet.

ADDITIONAL INFORMATION COLLECTED AUTOMATICALLY

In some cases, we may automatically (i.e., not via registration) collect technical information when you connect to our site that is not personally-identifiable. Examples of this type of information include the type of Internet Browser you are using, the type of computer operating system you are using and the domain name of the website from which you linked to our site.

INFORMATION PLACED AUTOMATICALLY ON YOUR COMPUTER — COOKIES

When you view one of our websites, we may store some information on your computer. This information will be in the form of a “Cookie” or similar file and can help us in many ways. For example, Cookies allow us to tailor a website to better match your interests and preferences. With most Internet Browsers, you can erase Cookies from your computer hard drive, block all Cookies or receive a warning before a Cookie is stored. Please refer to your Browser instructions or help screen to learn more about these functions.

TRADEMARKS
All trademarks, service marks and trade names of OCEAN & EARTH INTERNATIONAL PTY LTD used herein (including but not limited to the OCEAN & EARTH INTERNATIONAL PTY LTD. name, the OCEAN & EARTH LOGO, are trademarks or registered trademarks of OCEAN & EARTH INTERNATIONAL PTY LTD.

DISCLAIMER
THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OCEAN & EARTH INTERNATIONAL PTY LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OCEAN & EARTH INTERNATIONAL PTY LTD DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OCEAN & EARTH INTERNATIONAL PTY LTD DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMLINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
OCEAN & EARTH INTERNATIONAL PTY LTD SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF OCEAN & EARTH INTERNATIONAL PTY LTD HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws of the state of NSW AUSTRALIA.

USE OF SITE
Harassment in any manner or form on the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a OCEAN & EARTH INTERNATIONAL PTY LTD or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

PARTICIPATION DISCLAIMER
OCEAN & EARTH INTERNATIONAL PTY LTD does not and cannot review all communications and materials posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the site, OCEAN & EARTH INTERNATIONAL PTY LTD is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, OCEAN & EARTH INTERNATIONAL PTY LTD reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to OCEAN & EARTH INTERNATIONAL PTY LTD at its sole discretion.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless OCEAN & EARTH INTERNATIONAL PTY LTD, its officers, directors, employees, agents, licensors, distributors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, OCEAN & EARTH INTERNATIONAL PTY LTD may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with OCEAN & EARTH INTERNATIONAL PTY LTD, OCEAN & EARTH INTERNATIONAL PTY LTD has no control over these linked sites, all of which have separate privacy and data collection practices, independent of OCEAN & EARTH INTERNATIONAL PTY LTD. OCEAN & EARTH INTERNATIONAL PTY LTD has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, OCEAN & EARTH INTERNATIONAL PTY LTD seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).