Terms of Service
Terms of Service of Oviya Pty Ltd’s Website
- Introduction
These terms and conditions (Terms) are between Oviya Pty Ltd (We, Us, or Our) and you (the Customer). By accessing and using our website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website.
- Age Restriction
You must be at least 14 years old to purchase any products from our website. By placing an order, you confirm that you are of legal age to purchase adult products.
- Contract Formation
(a) When you place an order via our website, you will receive an order confirmation email confirming receipt of your order (Confirmation Email). This Confirmation Email will only be an acknowledgment of your order and will not constitute acceptance of your order.
(b) A contract between us will not be formed until we send you confirmation by email that the goods which you ordered have been dispatched to you (Dispatch Email).
(c) Only those goods listed in the Dispatch Email will be included in the contract formed between you and us (Contract).
- Pricing and Availability
(a) We use reasonable commercial efforts to ensure that all details, descriptions, and prices of the goods which appear on this website (Goods) are accurate. However, listing errors may occur in relation to such details, descriptions, and prices (Error). If we discover an Error in relation to any Goods you have purchased, we will endeavour to correct the Error as soon as practicable.
(b) Delivery costs will be charged in addition to the purchase price and such additional charges are clearly displayed where applicable and included in the “Total Cost”.
- Payment
(a) Once we receive your order, we carry out a standard authorisation check on the credit or debit card you provided to us at the time of checkout (Card) to ensure there are sufficient funds to fulfil the transaction. Your Card will be debited upon authorisation being received.
(b) The monies received upon the debiting of your Card must be treated as a deposit against the value of the Goods you wish to purchase. Once the Goods have been dispatched and a Contract exists after your Dispatch Email has been sent, the monies paid as a deposit must be used as consideration for the value of Goods you have purchased as listed in the Confirmation Email.
- Limitation on Claims
(a) We have no liability to the extent that our performance of the Contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
(b) We have no liability to the extent that a failure of the Goods is attributable to any act or omission on your part.
(c) Our liability for failure to comply with a consumer guarantee is limited to:
(i) in the case of Goods supplied by us, the replacement of the Goods or the supply of equivalent Goods (or the payment of the cost of the replacement or supply), or the repair of the Goods (or the payment of the cost of the repair); and
(ii) in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.
(d) Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
(e) In all other respects, our total liability for loss or damage of every kind, whether:
(i) arising pursuant to the Terms; or
(ii) arising in any other way out of or in relation to the supply of the Goods, their sale, delivery or the way they behave, and whether in tort or Contract or in any other cause of action,
is limited to an amount equivalent to the sum paid by you to us for the Goods.
(f) Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these Terms, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of Goods or services supplied pursuant to these Terms.
- Health and Wellness Disclaimers
(a) Any information provided on our website is for general informational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment. While we may discuss common sexual wellness tips or product usage suggestions, this content is not intended to replace consultation with qualified healthcare professionals. Always seek the advice of a physician or qualified health provider regarding any medical condition or the safe use of any health-related products.
(b) Customers are expected to use all products responsibly and according to the instructions provided. Improper use of adult products can pose risks (such as injury or infection), and you assume full responsibility for the safe and appropriate use of any items purchased. We strongly recommend reading any manuals or guidelines included with our products. If you have specific health concerns (such as a medical condition, pregnancy, or allergy), consult a healthcare professional before using a product to ensure it is safe for you. Discontinue use of any item that causes pain, discomfort, or adverse reaction, and seek medical attention if necessary.
(c) Unless explicitly stated on a product page, our products are not medical devices and are not intended to diagnose, treat, cure, or prevent any disease or condition. We make no health or curative claims for our products beyond their intended purpose (pleasure, intimacy, or general wellness). Any anecdotal benefits mentioned are subjective and not guaranteed by us.
(d) We disclose the materials of our sex toys and products (such as silicone, latex, etc.) and note if they are phthalate-free or body-safe according to manufacturer specifications. However, we do not independently certify or warrant material composition beyond the manufacturer’s claims. If you have sensitivities, please choose products accordingly or inquire with us for guidance. We are not liable for allergic reactions or health issues caused by known material sensitivities or misuse of products.
(e) To the fullest extent permitted by law, Oviya Pty Ltd disclaims all warranties and liability for any harm or injury resulting from the use of our products or information, except to the extent of guarantees that cannot be excluded under law. By using our site and products, you agree that you assume all risk in using the information or products. We do not guarantee that our products will be fit for your individual intended purpose or that they will provide you any particular benefit. All products and content are provided on an “as is” basis. In no event will we be liable for any indirect or consequential damages arising from improper use of our goods.
- Warranty Disclaimer
(a) To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded.
(b) The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.
(c) Please use and care for products as instructed. We may decline to process a warranty claim if the product fault is due to misuse, improper care, or intentional damage. However, your rights under ACL for manufacturing defects or failures remain intact.
- Intellectual Property
Where applicable, the specifications and design of the Goods (being all intellectual property, including but not limited to, copyright, design right, trademarks or other intellectual property) remain our property.
- Title and Risk
Title in the Goods does not pass to you until payment has been received. Risk of loss or damage to the Goods passes to you upon dispatch of the Goods regardless that they are shipped with a third party.
- Waiver
Any waiver of any provision of the Terms will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
- Entire Agreement
The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.
- Governing Law
These Terms are governed by the laws in force in South Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
- Website Terms of Use
14.1 Amendments to the Website Terms of Use
The Website Owner reserves the right to amend these Terms of Use from time to time at its discretion (Amendments). Amendments will be effective immediately. Where practicable we will endeavour to notify you of the Amendments to the Terms of Use. Your continued use of the website following any such Amendment will represent an agreement by you to be bound by the Amendments to the Terms of Use. We suggest you check the Terms of Use regularly to ensure you are aware of the most up to date terms.
14.2 Website
Access to the website is permitted on a temporary and limited basis for the purpose of browsing the website and interacting with the Website Owner. We reserve the right to withdraw or amend the website and any Goods or Services listed on the website without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this website.
14.3 Linked Sites
This website may contain links to other websites (Linked Sites), which are not operated by the Website Owner. The Website Owner has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of the Linked Sites. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such Linked Sites, if any.
14.4 Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at www.oviya.au. By using this website, you consent to the processing described in the privacy policy and warrant that all data provided by you is accurate.
14.5 Prohibitions
(a) Access to the website is provided to you on the basis that you must not misuse this website. Accordingly, you will not do any of the following:
(i) commit or encourage a criminal offence;
(ii) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(iii) hack into any aspect of the website; corrupt data; cause annoyance to other users;
(iv) maliciously interrupt the purchase of Goods and Services from the website;
(v) infringe upon the rights of any other person’s proprietary rights;
(vi) send any unsolicited advertising or promotional material (spam); or
(vii) attempt to affect the performance or functionality of any computer facilities of or accessed through this website.
(b) You acknowledge that breaching this prohibitions clause would constitute a criminal offence and, if breached, the Website Owner will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
(c) The Website Owner will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any Linked Sites.
14.6 Intellectual Property, Software and Content
The intellectual property rights in all software, the Goods and Services and website content (including photographic images) made available to you on or through this website remain the property of the Website Owner or its licensors and are protected by copyright laws and treaties around the world. The Website Owner and its licensor (where appropriate) reserve all such rights. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.
14.7 Disclaimer of Liability
(a) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law (ACL), the material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy.
(b) To the fullest extent permitted by law, the Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute Goods and Services, arising out of or related to the use, inability to use, performance or failures of this website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
(c) This disclaimer does not affect the Website Owner’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under the ACL or other law.
14.8 Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.
14.9 Disclaimer as to Ownership of Trademarks, Images of Personalities and Third Party Copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this website are in no way associated, linked or affiliated with the Website Owner and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Website Owner.
14.10 Indemnity
You agree to indemnify, defend and hold harmless the Website Owner, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of the Terms of Use.
14.11 Variation
The Website Owner must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Goods and Services or any page of this website.
14.12 Invalidity
If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/subclause or part of a clause/subclause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/subclause as is permitted by law.
14.13 Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Complaints should be sent to: service@oviya.au.
Dated: 03JUN2025