Terms of Service

Last Updated: 11th December 2025

OZ OFF ROAD WEBSITE TERMS & CONDITIONS OF USE

The website https://ozoffroad.com.au/ and its contents (the “Website”) is owned and operated by Oz Off Road Pty Limited ABN 61 656 108 593 (“Oz Off Road”, “we”, “us”, “our” and similar grammatical forms). The website is made available to you for your use on the condition that you agree to these Terms and Conditions of Use which outline the rules and regulations for the use of the Website (“Terms”).

References to Oz Off Road includes our related bodies corporate and associates as those terms are defined in the Corporations Act 2001 and references to “you” mean you, the user of the Website.

By accessing and/or using the Website or making any purchase from the Website or otherwise, you are deemed to have accepted (1) the Terms and (2) Oz Off Road’s Privacy Policy (the “Privacy Policy”), found at https://ozoffroad.com.au/policies/privacy-policy.

Unless otherwise specified, the Terms, together with the Privacy Policy and any other legal notices published by Oz Off Road on the Website, shall constitute the entire agreement between us and you concerning the Website and your use of Oz Off Road’s products or services. If you do not agree to any of these Terms, or you are not satisfied with the Privacy Policy, do not use the Website or make a purchase from Oz Off Road.

These Terms govern your use of this Website including all copyright, data, text, software, images, graphics, trade marks, logos, interfaces, photographs, and other intellectual property, as well as the goods and/or services that you purchase from Oz Off Road.

By using and/or visiting the Website, you affirm that you are either 18 years of age or older. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are aged 18 years or over, as the Website is not intended for children under 18. If you are under 18 years of age, then please do not use the Website.

1. USE OF WEBSITE

Unless otherwise indicated, all Content (defined below) included on this Website is the property of Oz Off Road or its content suppliers and is protected by Australian law and international treaties, the laws of many other countries.

The Content on this Website is only intended for your own personal, non-commercial use and you may only download, print, or use our Website Content for this purpose provided you do not remove any copyright and trade mark notices contained on the original material unless Oz Off Road provides express written consent.

We hereby grant you permission to access and use the Website for your own personal use subject to the restrictions set out in these Terms as follows:

(a) You agree that you will not republish in any medium any material from the Website, including but not limited to Content or User Submissions (all terms as defined below), without our prior written authorisation.

(b) You agree not to access User Submissions (defined below) or Content through any technology or means other than the provided functionality of the Website itself, or other explicitly authorised means we may designate.

(c) You agree not to use the Website for any commercial use, without our prior written authorisation. Prohibited commercial use includes (but are not limited to) any of the following actions taken without Oz Off Road’s express approval:

Sell, rent or sub-license material from Oz Off Road;
Reproduce, redistribute, duplicate, copy, download, store (in any medium), adapt or change material from Oz Off Road;
Any use of the Website or related services that we find, in our sole discretion, to use our resources or User Submissions with the effect of competing with or displacing the market for us, our Content or User Submissions;
Submit, or authorise to be submitted, any data or Content from our Website (or data or content we otherwise give you access to) to any large language models or other machine learning or artificial intelligence platforms, tools, programs, software, operation, and/or similar (AI Programs);
Use, or authorise to be used, any data or Content from our Website (or data or content we otherwise give you access to) for any purpose in relation to any AI Programs, including to create, develop, train, and/or otherwise improve any AI Programs and/or for the purposes of generating replicated or derivative content from such AI Programs.

(d) In addition, you may only use this Website for lawful purposes and will not use it in a way that:

violates or infringes the rights of us or other users (including their privacy and/or intellectual property rights);
is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
encourages conduct that would constitute a criminal offence (including but not limited to fraud, money laundering, and terrorist activities), give rise to civil liability or otherwise violate any law;
damages, disables, overburdens, or impairs the Website or restricts or inhibits any other party’s use and enjoyment of the Website;
affects the functionality or operation of the site or its servers or the functionality or operation of any user's computer systems (including by transmitting a computer virus or other harmful component);
involves the unsolicited or unauthorised dissemination of electronic messages, SPAM, advertising, or promotional material;
results in the impersonation, misrepresentation, or theft of another person’s identity;
breaches any applicable standards, rules, regulations, guidelines, orders, directions, directives, codes of conduct, recommendations, determinations, or other instruments imposed by any relevant authority.

In your use of the Website, you will otherwise comply with these Terms, and all applicable laws and regulations.

You acknowledge that Oz Off Road reserves the right to discontinue any aspect of the Website at any time without notification.

2. “USER SUBMISSIONS” AND USER CONDUCT

2.1 User Submissions

As a Website user you may submit content ("User Submissions") from time to time through the functionality of the Website, including by providing testimonials or reviews. You understand that whether or not such User Submissions are published on the Website, we do not guarantee any confidentiality with respect to any User Submissions.

2.2 Your responsibilities

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them, and we will have no liability in this regard, to the full extent permitted by law. In connection with User Submissions, you affirm, represent, and/or warrant that:

you own or have the necessary licenses, rights, consents, and permissions to use and authorise us to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms;
you will not submit any User Submissions that are unlawful, fraudulent, inaccurate, false, misleading or deceptive, or that we may deem to be in breach of any intellectual property, trade secret, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, hateful, discriminatory, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
you will obtain prior consent from any person or property that may appear in your User Submission;
to the extent applicable to your User Submission, your User Submission will reflect your actual, current and valid views and opinions at the time of submission and will not amount to a false testimonial;
your User Submission shall not contain viruses or cause injury or harm to any person or entity; and
you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

2.3 Licence to Oz Off Road

For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to us, you hereby grant us a worldwide, perpetual, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and our (and our successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms.

2.4 Moral rights

If you have any moral rights (or similar rights) in respect of User Submissions that you submit, you consent to us using the User Submissions from time to time in any way we wish (even if that use is contrary to those rights), including making material alterations thereto and exploiting them with or without attribution, however we will not make material alterations to any review or testimonial provided. Immediately on such moral rights beginning to exist, you waive your right to enforce those rights in perpetuity, to the maximum extent permitted by law. If any other person has moral rights in respect of User Submissions that you submit, you must ensure that they agree to the above before you submit the User Submissions.

2.5 Removal of User Submissions

Oz Off Road does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities or infringement of any other intellectual property rights on the Website, and we will remove any User Submission if we are properly notified that such User Submission infringes on another's intellectual property rights, or if we consider the content to be unsavoury or objectionable. We further reserve the right to remove User Submissions without prior notice, at our absolute discretion.

3. YOUR USE OF CONTENT AND USER SUBMISSIONS OF THE WEBSITE

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content accessible on the Website.

3.1 Content ownership

Excluding any User Submissions, all content on the Website, including without limitation:

the registered and unregistered trademarks, service marks and logos contained therein;
software, source code, scripts, imagery, graphics, photos, sounds, music, videos, and any other intellectual property

(collectively, the "Content"), are owned by or licensed to us, and are subject to copyright and other intellectual property rights under the law.

3.2 Your access to Content

You may access Content and User Submissions solely:

for your information and personal use; and
as intended through the normal functionality of the Website.

3.3 Security features

You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or User Submissions or enforce limitations on use of the Website or Content or User Submissions therein.

4. INTELLECTUAL PROPERTY

Oz Off Road is the owner or authorised user of all intellectual property in and associated with the Website, as well as the trade marks, logos, names and designs, copyrights or any other intellectual property, whether registered or unregistered, used or referred to on the Website.

Your access to, or use of this Website does not constitute or create licence or any other right to use Oz Off Road’s name, trade marks, logos, content, names, copyright, designs, or any other intellectual property, whether registered or unregistered, found on the Website.

You must obtain written permission before reusing any copyrighted material that is published on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.

5. THIRD PARTY SITES

This Website may contain information from, or hyperlinks and other pointers, to internet websites operated by third parties. We have not reviewed all of the sites linked to the Website and assume no responsibility and accept no liability for the condition or content of third party websites that may be linked to or accessed from the Website. Oz Off Road makes no recommendations or endorsements to the content or functionality of those websites and shall not be liable for any loss arising out of their use. Use of any such linked website is at the user’s own risk.

6. COMPETITIONS AND PROMOTIONS

Certain parts of the Website may contain competitions or promotions from us or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Website from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, we specifically retain the right, at any time and without notice, to remove, alter or add to competitions or promotions on the Website without any liability to you.

PURCHASE TERMS

6.1 Orders

By submitting an order via the Website, you are making an offer to enter into an agreement to purchase the particular good(s) specified in that order for the price specified at the time you submit your order. You acknowledge by placing an order, you are agreeing to pay for and accept delivery of the good(s) ordered. An order will be deemed received and accepted by us at the time we send an order confirmation to your nominated e-mail address.

6.2 Payment

Customers are required to make payment in full when making an order. You represent and warrant that you are authorised to use the method of payment and authorise us to charge your order (including taxes and freight charges) to the card or payment method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.

Oz Off Road will not process or dispatch orders until funds have cleared into our account. We do not take any responsibility for any delays in processing your order because of a declined transaction.

6.3 Availability

We use our best endeavours to ensure all products advertised on the Website are available. From time to time, this may not be possible and we may not be able to fulfil all or part of your order if we establish that the goods ordered are out of stock or unavailable. If this happens, we will refund you in full the price paid for those unavailable goods and where reasonable and appropriate a proportionate amount of freight charges may be reimbursed.

6.4 Title and Risk

Title to the goods purchased from the Website does not pass from us to you until we have received payment in full for the goods. All risk in the goods passes to you upon delivery to your address.

6.5 Delivery (Within Australia)

Oz Off Road offers delivery Australia wide by TNT, FedEx, and Australia Post. Delivery costs are calculated at checkout page of the Website. Allow 5–10 business days for delivery. Any delivery times indicated by Oz Off Road are estimates only and are subject to stock availability from the fulfilment locations. We are not liable for any fluctuation in delivery times.

You are responsible for entering the correct delivery details at time of ordering. Oz Off Road accepts no responsibility for late, lost or misdirected deliveries due to incorrect delivery details. You are responsible for any costs associated with resending the order to the correct address, if the goods are not lost.

Please ensure that there is someone present at the delivery address you provide to receive your order as signature will be required.

You are responsible for contacting Oz Off Road should the order not be received.

To the extent permitted by law, and without limiting the operation of any Terms, you agree that late delivery does not constitute a breach of our agreement with you or entitle you to cancel your order and Oz Off Road will not be liable for any loss or damage for any goods that are lost, stolen or damaged after the goods are delivered.

6.6 Pick Up orders

Collection of Orders is from the Pick Up store selected by you to collect the goods consistent with your Pick Up order. Pick Up order facilities are available from selected locations across Australia. Collection will be available within the timeframe specified from when the order has been placed.

Address for collection is either at (1) 2065 Castlereagh Rd, Penrith NSW 2750; or (2) 17–19 Regency St, Kippa-Ring QLD 4021.

6.7 Undelivered Goods

If you have placed an order and have not received delivery within 10 business days, please advise the customer service team at enquiry@ozoffroad.com.au. Please have your order confirmation email on hand (you will receive this after you place your order).

6.8 Consumer Guarantees

All goods purchased from this Website come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). To the fullest extent permissible by law, subject to any Non-Excludable Guarantees, we, our related entities, affiliates, partners and suppliers and their respective directors, employees, agents and contractors, expressly exclude all other terms, representations and warranties, express or implied, in connection with the operation of the Website, your use of or access to the Website, or inability to use or access the Website, the results of your access or any information, content or products or services available on the Website. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

To the fullest extent permitted by law, for liability that cannot be excluded by law including under the Non-Excludable Guarantees, our liability shall be limited at our sole option to, if the breach relates to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of having the goods repaired.

6.9 Product Warranties

In addition to the rights and remedies available to you under law, Oz Off Road or the product manufacturer may provide an additional warranty. When provided, the warranty period, provisions and the company providing the warranty will be clearly specified on or inside the product packaging. Please refer to these warranty documents to determine the terms and conditions of any additional warranty.

To the extent permitted by law, all other warranties and representations are excluded.

6.10 Purchasing Restricted Goods

By placing an order for any goods (such as knives, cutters, axes, multitools, saws or any other item which may be considered dangerous) which are subject to restrictions in particular jurisdictions, states or provinces (Restricted Goods) you warrant that you are:

(a) 18 years of age or older; and

(b) not obtaining the Restricted Goods on behalf of a person that is not eligible to purchase the Restricted Goods themselves.

We may cancel your order if we have reasonable grounds to believe you have not complied with this clause.

7. DISCLAIMER

This Website is provided on an “as is” basis and use of the Website is at your own risk. When placing information onto our Website, we aim to ensure that all details, prices, product images and descriptions displayed are correct and current at the time of publication. However, sometimes errors occur both human and duck related, for which we apologise and do not accept responsibility for any error, omission or defect in the information.

Reproduction of colours is as accurate as photographic processes allow, however please note that product colours in-store may vary from what is displayed on your computer monitor and may vary from monitor to monitor and device to device.

Although listed on the Website, some items, sizes, colours and styles might not be immediately available or might be temporarily or permanently out of stock.

Some products might require self-assembly or you may be required to obtain the assistance of a professional assembler at your own cost and expense.

8. SPLIT ORDERS

Oz Off Road may send out split orders in circumstances where the closest store to the delivery address does not have in stock all products included in an order. We will send all deliveries as fast as possible but there may be a discrepancy between the time of arrival of each part of your order. Each part of a split order delivery will have a split order letter attached to inform you of the fact. Oz Off Road will cover any extra delivery costs associated with split orders.

9. PRICES

Product prices and availability may vary between our stores, mobile outlet and those found on this Website.

All prices quoted include GST and are in Australian Dollars (AUD). Oz Off Road may vary the prices at any time without notice and prices are subject to change until you have paid for the products in full.

While we make every endeavour to ensure the accuracy of our Website pricing, occasionally there are system or human errors in our pricing. If this occurs and you have purchased a product at the incorrect price, we will advise you as soon as possible and we reserve the right to cancel your order and refund the mistaken purchase price to you.

10. RETURNS

Our Returns Policy applies to all purchases of goods using the Website and can be accessed here https://ozoffroad.com.au/policies/refund-policy and the terms of that policy are incorporated herein by reference.

If a good received by you is damaged, faulty, incorrect or is showing tampering, promptly contact us by email enquiry@ozoffroad.com.au to discuss the situation and (as applicable) organise for the faulty product to be returned. We will likely require you to return the faulty good with your proof of purchase attached and a written explanation detailing the fault or damage and your contact details.

If the return is accepted, we will send a return shipping label, as well as instructions on how and where to send the package. Items sent back without first requesting a return will not be accepted.

Nothing in these Terms reduces or limits your rights under the ACL. Once returned to us, if we reasonably assess that your returned good is in fact faulty/damaged and/or in breach of any statutory or other warranty, we will contact you to discuss the appropriate remedy (subject to law). If we are unable to replace the good with an identical good, you may select another stocked good of the same purchase price, or you can opt for a full refund of the purchase price of the faulty good. The replacement good will be sent at no charge, as soon as possible, after we receive your faulty or damaged good. Subject to law, any faulty or damaged good(s) must be complete. Returns will not be accepted by us if the fault or damage to the good has been caused by accident or by misuse by either you or a third party or if the good has been modified or tampered with in any way by you or a third party.

11. EXCEPTIONS / NON-RETURNABLE ITEMS

We do not accept returns for hazardous materials, flammable liquids, or gases. Please get in touch if you have questions or concerns about your specific item. Unfortunately, we cannot accept returns on sale items. If an item was purchased with a gift voucher, it can only be refunded back to the gift voucher.

12. REFUNDS

We will notify you once we have received and inspected the return, and let you know if the refund is approved. Once approved, you will be automatically refunded on your original method of payment. Please note it can take up to 3 business days to process the refund depending on your bank or credit card company.

13. CANCELLATION OF ORDERS

We reserve the right to cancel any order (in full or part) if:

(a) You are in breach of these Terms;
(b) We reasonably suspect that a fraud has occurred;
(c) You are purchasing goods for the purposes of resale or resupply;
(d) We become aware that the goods are unavailable or out of stock;
(e) There has been a genuine pricing or product description error by us or our supplier; or
(f) There is an error in your order.

We will refund any amount already paid in respect of any cancelled order (and in the case of part cancellation of an order, we will refund the amount paid that relates to the cancelled portion of the order).

14. USE OF PERSONAL INFORMATION GATHERED

We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full Privacy Policy for details of how we collect, store and use your personal information and how you can access your personal information or raise a complaint about the management of your personal information.

15. LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event shall Oz Off Road, its officers, directors, employees, agents, or its suppliers be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of (i) the use or inability to use the materials on this Website even if Oz Off Road has been notified orally or in writing of the possibility of such damage, (ii) errors, mistakes, or inaccuracies of Content, (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website or Oz Off Road’s products and services or resulting from the initial creation of user submissions, (iv) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (v) any interruption or cessation of transmission to or from the Website, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. While the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction, where conditions, warranties or other rights are implied in this agreement or otherwise conferred by law, and it is not lawful or possible to exclude them, then those conditions, warranties or other rights will (but only to the extent required by law) apply to this agreement. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

16. NO GUARANTEE

To the extent permitted by law, Oz Off Road does not warrant or makes any representations regarding:

The accuracy, likely results, or reliability of the use of the materials on this Website or otherwise relating to such materials or on any sites linked to this Website;
your ability to access or use the Website or any material on the Website at any time;
the loss or modification of information or material transmitted to or from the Website;
the use or misuse of the Website or any material on the Website by other users or the conduct of other users on or through the Website;
the products displayed on the Website being available at any time; and
the absence of any defects, technical problems or software viruses attached to or arising from the Website or the servers on which the Website are hosted. Accordingly, Oz Off Road is not liable for any loss suffered as a result of any such viruses or defects.

17. INDEMNITY

To the extent permitted by law, you agree to defend, indemnify and keep indemnified against us, our related entities, affiliates, and their respective officers, employees, agents and contractors (“those indemnified”), from and against any and all claims, damages, obligations, losses, expenses, costs (including but not limited to legal cost) or debt, or liabilities (whether direct or indirect) which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to your use of this Website (or any part of it) or your breach of these Terms, or your infringement of any intellectual property or any other rights of third parties.

18. ADDITIONAL TERMS

Additional terms and conditions are attached to certain pages of the Website. You should ensure that you are familiar with and are prepared to abide by these additional requirements before you make use of these Website pages.

19. CHANGES TO THE WEBSITE AND YOUR ACCESS

The materials appearing on the Website could include technical, typographical, or photographic errors. Without prior notice to you and in its absolute discretion, Oz Off Road reserves the right to vary, discontinue or limit access to and use of the Website or any page of the Website at any time, and/or suspend or terminate your access to part or all of the Website at any time, and Oz Off Road is not liable to you for any loss, damage, cost or expense you may suffer if it exercises any of these rights.

20. CHANGES TO THE TERMS

Oz Off Road, in its absolute discretion reserves the right to amend or revise these Terms, the Privacy Policy, or any of its other policies at any time without notice, and without giving you any explanation or justification for such change. By using this Website, you are agreeing to be bound by such modifications or revisions. Amended Terms come into effect from the time they are posted on the Website but will not apply retrospectively or to any of your then current orders. We therefore encourage that you review this page regularly to ensure that you are aware of any changes to the Terms. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

21. SEVERANCE OF CLAUSES

In the event that any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause shall to the extent of the invalidity, illegality or unenforceability be severed from the Terms and all the remaining clauses of the Terms will remain in full force and effect.

22. GOVERNING LAW

This Website may be accessed in Australia and throughout the world. We make no representation that the content of this Website complies with the laws outside Australia and your access of this Website outside Australia is strictly at your own risk. All rights not expressly granted herein are reserved.

These Terms are governed by and to be construed in accordance with the laws of Australia without regard to its conflict of law provisions.

23. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at 1300 760 131 or sales@ozoffroad.com.au.