Terms

Terms of Service

Effective date: 6 October 2025

Welcome to Omari Active (“Omari”, “we”, “us”, “our”). By accessing or using our website, mobile experiences, social channels, and services (collectively, the Site), or by purchasing our products, you agree to these Terms of Service (the Terms). Please read them carefully. These Terms are written in clear, plain language. They incorporate our Privacy Policy and Returns Policy, and any product-specific notices on the Site.

1. Who we are
Omari Active Pty Ltd (ABN: 83 683 040 744).
Contact: support@omariactive.co.
If you use the Site on behalf of a company or organisation, you confirm you have authority to bind that entity.

2. Eligibility & account
  • You must be at least 16 to browse and at least 18 to purchase.
  • Keep your account details accurate and secure; you’re responsible for activity under your account.
  • We may refuse service, close accounts, or cancel orders where we reasonably suspect fraud, abuse, or breach of these Terms.
3. Products & information accuracy
  • We strive to display product details, colours, sizing, and pricing accurately. Minor variations may occur due to screen settings, manufacturing tolerances, and continuous product improvement.
  • We may modify, limit quantities, or discontinue products without notice. Availability can change and items may sell out.
  • Obvious errors (including pricing) are not binding. We may correct errors and cancel affected orders with a prompt refund.
4. Pricing, currency & taxes
  • Unless stated otherwise, prices are in AUD and include Australian GST where applicable. You may see other currencies for convenience; the charge currency is shown at checkout.
  • You authorise us (or our payment providers) to charge the total order amount, including taxes, shipping, and any applicable duties or fees.
  • Prices may change at any time before you place your order.
5. Payments
  • We accept the payment methods shown at checkout (e.g., major cards, digital wallets, and BNPL in eligible regions). Payment is due in full at checkout.
  • By paying, you warrant you’re authorised to use the method and your billing info is correct.
  • Orders may be subject to security checks and verification. BNPL and other third-party services are subject to their own terms and privacy policies.
6. Orders, pre-orders & limited releases
  • Your order is an offer to buy. We accept when we dispatch the products and send a shipping confirmation. Until then, we may cancel and refund (e.g., for error, unavailability, suspected misuse).
  • Pre-orders/Made-to-Order/Limited Releases: estimated dispatch windows are provided at purchase and may change due to production or logistics. If we materially delay your pre-order, we’ll notify you and offer options (e.g., keep, change, or refund).
  • We may limit quantities per customer to ensure fair access.
7. Shipping, delivery & risk of loss
  • Standard processing time is 2–4 business days (pre-orders excluded). Delivery windows at checkout are guides only.
  • We ship via third-party carriers. Risk passes on delivery to the shipping address (or upon collection, where offered). If you authorise Authority to Leave, risk passes when the carrier records delivery at the address.
  • Delivery issues (lost/late/damaged in transit) are rare but can occur. We will assist with carrier investigations; resolutions follow carrier policies and applicable laws.
  • International customers: unless stated Delivered Duties Paid (DDP) at checkout, you’re responsible for customs clearance, duties, and taxes. We may be unable to ship to certain sanctioned/restricted destinations.
8. Returns, exchanges & refunds (summary)
See our Returns Policy for full details (eligibility, time windows, instructions). Key points:
  • Apparel must be unused, unwashed, and in original condition/packaging with tags attached.
  • Final-sale items, gift cards, and certain limited releases may be non-returnable.
  • Original shipping fees are non-refundable unless required by law.
  • Exchanges depend on stock availability.
    Nothing in this summary limits your rights under the Australian Consumer Law (ACL) (see Section 11).
9. Gift cards, promotions & referral codes
  • Gift cards are non-refundable and not redeemable for cash (unless required by law). Treat them like cash.
  • Promotional codes and referral credits are single-use, non-transferable, subject to their own terms, and may be cancelled for misuse (e.g., stacking, resale).
10. Care, use & fair wear
  • Follow the care instructions provided with each product. Damage from misuse, improper care, normal wear, or accidents is not a defect.
  • Do not modify products (e.g., remove safety labels) in ways that compromise function or safety.
11. Consumer guarantees (Australia)
Nothing in these Terms excludes, restricts, or modifies any rights you have under the ACL. If goods are not of acceptable quality, not fit for purpose, or don’t match description, you’re entitled to a repair, replacement, or refund as required by the ACL.
12. Intellectual property
  • All content on the Site—including logos and wordmarks (e.g., OMARI®, Luxury Motionwear™, OMARI LME™), product names, graphics, text, photos, and software—is owned by or licensed to Omari and protected by IP laws.
  • We grant you a limited, revocable licence to access the Site for personal, non-commercial use. No other rights are granted.
  • Notice of claimed infringement: email support@omariactive.co with details (rights owner, asset/URL, proof of rights, and your contact info). We may remove content at our discretion.
13. User content (reviews, photos, social tags)
If you submit content (e.g., reviews, photos, or posts using our hashtags/handles), you grant Omari a non-exclusive, worldwide, royalty-free, transferable, sub-licensable licence to use, reproduce, edit, adapt, publish, translate, create derivative works from, distribute, display, and perform that content in any media for marketing and operational purposes. You consent to us using your display name/handle and to any acts that might otherwise infringe your moral rights, to the extent permitted by law. You represent you own or control the rights in your content and that it does not infringe others’ rights. We may moderate, remove, or refuse content at our discretion.
14. Prohibited conduct
You agree not to:
  • use the Site or products for unlawful purposes;
  • infringe intellectual property or privacy rights;
  • upload malware, disrupt Site functionality, or bypass security;
  • scrape, harvest, or mass-collect data without consent or in excess of normal consumer use;
  • resell or commercialise products without written permission.
15. Third-party services & links
The Site may link to third-party websites or use third-party services (payments, analytics, logistics). We’re not responsible for their content or practices. Your use is governed by their terms and privacy policies.
16. Warranty & liability
  • Products are supplied with the benefits of the ACL (Section 11). Otherwise, and to the maximum extent permitted by law, the Site and products are provided “as is” without additional warranties.
  • To the extent permitted by law, we’re not liable for indirect, incidental, or consequential loss, or for loss of profits, revenue, data, or goodwill arising from your use of the Site or products.
  • Where liability cannot be excluded, it is limited to the greater of (i) the amount you paid for the product giving rise to the claim; or (ii) AUD $100.
17. Indemnity
You agree to indemnify and hold Omari (and our directors, employees, and partners) harmless from claims, damages, losses, and expenses (including reasonable legal fees) arising from your breach of these Terms or misuse of the Site or products.

18. Privacy & communications
We handle personal information in accordance with our Privacy Policy. By using the Site, you consent to our collection and use of your data as described there and to us contacting you about your orders and service updates. You can manage marketing preferences at any time.

19. Changes to the Terms
We may update these Terms from time to time. The updated version will be posted on the Site with the Effective date above and applies from posting (without affecting prior purchases unless required by law).

20. Suspension & termination
We may suspend or terminate access to the Site if we reasonably believe you have breached these Terms. You may close your account at any time. Sections that by nature should survive (e.g., IP, liability, indemnity) continue after termination.

21. General
  • Governing law & venue: These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of NSW and Australia.
  • Force majeure: We’re not liable for delay or failure caused by events beyond our reasonable control (e.g., natural disasters, transport/network outages, strikes, government action).
  • Severability: If any part is invalid, the remainder remains effective.
  • No waiver: Failure to enforce a right is not a waiver.
  • Entire agreement: These Terms and incorporated policies form the entire agreement between you and Omari regarding the Site and products.
22. Contact
Questions about the Terms? Email support@omariactive.co.