Please read these Terms and Conditions carefully. These are the general Terms and Conditions governing your access and use of Omni Tech Ltd's web sites and WAP sites (collectively Sites). If you do not agree with them, you should not proceed any further on the Sites or with registration. By continuing to use the Sites and/or any of the services shown on the Sites, you agree to be bound by these Terms and Conditions.
means the access information that we require from you before entering certain parts of the Sites for which you have registered, which may be a username, password, your mobile phone number or other or similar recognition device
means all data, information, material and content, including but not limited to text, pictures, photographs, software, video, music, sound and graphics
means the services offered on or via the Sites, which may include (but is not limited to) chat, discussion group or bulletin board services or email, TEXT or voice messaging services, online transactions, search engines and e-commerce facilitators
has the meaning given to it in Clause 2.1
Terms and Conditions
means the contract between Omni Tech Ltd and you incorporating these terms and conditions
means the word or marks belongs to Omni Tech Ltd or its Group of Companies, Omni Tech Ltd, including stylized representations, all associated logos and symbols, and combinations of the foregoing with another word or mark
means the customer that enters into these Terms and Conditions (and you shall be construed accordingly).
Terms and Conditions
0. Online Store EXCLUSIVE Terms and conditions
0.1. If the product is wrong or faulty customer may bring them to any branch for replacements only. accessories(cases) sold online comes with 90days warranty only, Batteries and chargers comes with 6 months warranty.
0.1.1. Refunds will only be given if the product is faulty and a replacement is impossible. A receiptor a proof of purchase is going to be needed for any refunds or exchanges. NO exceptions
0.2. If you have a question about the products on the online store or just the online store in general, please send an e-mail to firstname.lastname@example.org
0.3. The Omni Tech Online Store is independent and has no connection with the stores found inside the malls around Auckland, Hamilton and Tauranga New Zealand. Any problems with the online store will be handled by the Omni Tech online store support team. You may not collect products bought online on any of our stores unless agreed upon
0.4 Buying car products including car audio and sub woofer gives you an option for installation which would cost approximately $50-$100.
0.5. All Products sold on the online store are sold in New Zealand Dollars (NZD) and are all tax inclusive. All customers have the rights to ask for a printed reciept with all purchases.
0.6 You may cancel your order within 24 hours from when it was placed. You will be charged 10% of the original product price for the re-stocking fee. For orders purchased using a Credit Card, the applied surcharges will not be refunded.
0.7 If a customer changes their mind after any purchase and wants a refund, you will be charged 10% the product price for the re-stocking fee.
1.0 Customer care
1. If you have a general enquiry about Omni Tech Ltd's products and services, you can contact Omni Tech Ltd Care line: Tel: (09) 838-3943 or 0800 666 483.
2. Use of content
2.1. The services that we are providing to you via the Sites consist of the Content and the Functionalities available on the Sites or otherwise provided to you as a result of your use of the Sites (the Services)
2.2. You acknowledge and agree that you are only permitted to use the Sites and the Services as expressly set out in these Terms and Conditions or on the Sites.
2.3. You agree that the Sites and the Services are for your own personal use only on a single computer or device.
2.4 You may not * copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer or otherwise make available any of the Services or any information learned by you whilst using the Services or accessing the Sites * remove, change or obscure in any way anything on the Sites and/or the Services or otherwise use any material obtained whilst using the Sites and/or the Services except as set out in these Terms and Conditions * reverse engineer or decompile (whether in whole or in part) any software used in the Sites and/or the Services (except to the extent expressly permitted by applicable law) * copy or use any material from the Sites and/or the Services for any commercial purpose remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Sites or obtained as a result of the Services.
2.5. Any use of caching, http accelerators such as or similar technology is permitted; however, you have the responsibility of ensuring you are viewing the most recent version of the web-page or content.
2.6 . You may establish a link or deep link to the Sites from your site, provided that you have obtained Omni Tech Ltd's prior written consent and that in Omni Tech Ltd's sole discretion, the context is relevant and the link or its description is not detrimental to Omni Tech Ltd.
2.7. Users that are not subscribers to the Omni Tech Ltd Network acknowledge that access to the Sites and/or the Services may be restricted at the sole discretion of Omni Tech Ltd in the interest of fully subscribed customers of the Omni Tech Ltd Network.
3. Your obligations
3.1. You warrant that you will only use the Sites and the Services in accordance with these Terms and Conditions and in an appropriate and lawful manner and by way of example and not as a limitation that you shall not (and shall not authorize or permit any other party to):
3.1.1. receive, access or transmit any Content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful
3.1.2. circumvent user authentication or security of any host, network or account (referred to as cracking or hacking) nor interfere with service to any user, host or network (referred to as denial of service attacks) nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading Omni Tech Ltd's legitimate web pages (referred to as page-jacking) or use the Sites or the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability and Omni Tech Ltd will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities
3.1.3. use the Sites and/or the Services to advertise or offer to sell any goods or services for any commercial purpose without Omni Tech Ltd's written consent
3.1.4. knowingly or recklessly transmit any electronic Content (including viruses) through the Sites and/or the Services which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by Omni Tech Ltd or other Internet users
3.1.5. hack into, make excessive traffic demands, deliver or forward chain letters,junk mail or spam of any kind, surveys, contests, pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the Sites and/or the Services or any other web site, or which is otherwise likely to damage or destroy Omni Tech Ltd's reputation or the reputation of any third party.
3.2. You acknowledge that chat, discussion group or bulletin board services and similar services offered by Omni Tech Ltd (Public Communication Services) are public communications and your communications may be available to others and consequently you should be cautious when disclosing personal or sensitive information or any information which may identify you. Omni Tech Ltd is not responsible for, and does not control or endorse any Content of any Public Communication Services.
3.3. If any information provided by you is untrue, inaccurate, not current or incomplete, Omni Tech Ltd has the right to terminate your account and refuse any and all current or future use of the Services or access to the Sites.
4. Access information
4.1. Following registration you may be issued with Access Information that may be used to access the Sites and/or the Services and any pages for which registration is required. Omni Tech Ltd reserves the right to change your Access Information at any time at its sole discretion and shall notify you of this change as soon as reasonably practicable.
4.2. Your account is to be used by a single user only and you will not allow simultaneous access using the same Access Information. You acknowledge that you are responsible for ensuring that no unauthorised access to the Sites and the Services is obtained using your Access Information and that you are liable for all such activities conducted through your account whether authorised or not. When choosing Access Information, you must not use words that are obscene, abusive or likely to cause offence.
4.3. You as the registered user of the account will:
4.3.1. keep your Access Information secure and not let it become public knowledge and ensure that your Access Information will not be stored anywhere on a computer or your mobile phone in plain text
4.3.2. provide true, accurate, current and complete information in all fields indicated as compulsory when registering on the Sites and/or the Services and notify us immediately of any changes or mistakes
4.3.3. If your Access Information becomes known to any other unauthorised user you must inform Omni Tech Ltd immediately.
4.4. Once you have 'signed-in' to any secure areas of the web-site, where you are requested to provide your Access Information, you must not at any time leave the Internet terminal or device from which you have accessed the Sites and the Services or let anyone else use the Internet terminal or device until you have logged out of the secure area of the Sites and the Services. You will be responsible for ensuring that you have logged out of the secure area at the end of any session.
4.5. You must not access the Sites and the Services from any computer connected to a local area network (LAN) or any public Internet access device or access point without first making sure that no-one else will be able to observe or copy your access or get access to the Sites and the Services pretending to be you.
4.6. You agree to check your bills carefully and inform us immediately of any discrepancy.
5. Your information
6. Proprietary rights
6.1. All Trade Marks used on the Sites and/or the Services are the trade marks of Omni Tech Ltd or one of the Omni Tech Ltd Group companies. You shall only make fair use of the Trade Marks and will not use the Trade Marks, whether design or word marks: (1) as or as part of your own trade marks; (2) in a manner which is likely to cause confusion; (3) to identify products to which they do not relate; (4) to imply endorsement or otherwise of products or services to which they do not relate; or (5) in any manner which does or may cause damage to the reputation of Omni Tech Ltd or the Trade Marks.
6.2. You acknowledge and agree that the Services and the Sites or any part thereof, whether presented to you by Omni Tech Ltd, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. All rights are expressly reserved.
6.3. You are only allowed to use the Sites and the Services as set out in these Terms and Conditions and nothing on the Sites and/or the Services shall be construed as conferring any license or other transfer of rights to you of any intellectual property or other proprietary rights of Omni Tech Ltd, any member of the Omni Tech Ltd Group or any third party, whether by estoppels, implication or otherwise.
7.1 Omni Tech Ltd reserves the right to charge for access to part or all of the Sites in the future, subject to giving you clear notice when entering any part to which charges apply. Some Services may be chargeable as indicated on the Sites and in any accompanying terms and conditions.
7.2. You will need to provide all equipment necessary to access the Sites and the Services on the Internet and be liable for payment for your local telephone call charges at the rates published by the telephone operator with whom you make your local calls or any other Internet access charges to which you may be subject. If your equipment does not support relevant technology including but not limited to encryption you may not be able to use certain Services or access certain information on the Sites.
8. Liability for content
8.1. It is your sole responsibility to satisfy yourself prior to using the Sites and the Services in any way that they are suitable for your purposes and up to date. The Services and in particular, prices are periodically updated and you should check the Sites and the Services regularly to ensure that you have the latest information. You should also refresh your browser each time you visit the Sites and the Services to ensure that you download the most up to date version of the Sites and the Services.
8.2. The Sites and the Services are provided on an as is basis. Although every effort has been made to provide accurate information on these pages, neither Omni Tech Ltd, nor any of its employees, nor any member of the Omni Tech Ltd Group, their suppliers, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Services or any part thereof contained on the Sites or in the Services.
8.3. You acknowledge that Omni Tech Ltd is unable to exercise control over the security or subject matter of Content passing over the Omni Tech Ltd Network, the Sites or via the Services and Omni Tech Ltd hereby excludes all liability of any kind for the transmission or reception of infringing Content of whatever nature.
9. Liability for third party content
9.1. The Sites contains links to web sites, web pages, products and services also operated by Omni Tech Ltd or the Omni Tech Ltd Group and you agree that your use of each web site, web page and service is also subject to the terms and conditions, if any, contained within each website or webpage or attached to any products or services. These Terms and Conditions shall be deemed to be incorporated into each set of terms and conditions. In the event that there is any conflict, the terms and conditions contained within the relevant website or webpage or attached to the relevant products or services shall prevail over these Terms and Conditions.
9.2. Omni Tech Ltd assumes no responsibility for and does not endorse unless expressly stated, Content created or published by third parties that is included in the Sites and the Services or which may be linked to and from the Sites.
9.3. The Sites and/or the Services may be used by you to link into other websites, resources and/or networks worldwide. Omni Tech Ltd accepts no responsibility for the Content, services or otherwise in respect of these and you agrees to conform to the acceptable use policies of such websites, resources and/or networks.
9.4. Subject to Clause 13, you agree that Omni Tech Ltd does not generally and is not required to monitor or edit the use to which you or others use the Sites and the Services or the nature of the Content and Omni Tech Ltd is excluded from all liability of any kind arising from the use of the Services, and in particular but without limitation to the foregoing, the nature of any Content. Notwithstanding the foregoing, Omni Tech Ltd reserves the right to edit, bar or remove any Services and/or Content, at any time as Omni Tech Ltd in its sole discretion believes to be necessary in order to prevent any breach of these Terms and Conditions or any breach of applicable laws or regulations.
10. Exclusion of liability
10.1. Nothing in these Terms and Conditions shall act to limit or exclude Omni Tech Ltd's liability for death or personal injury resulting from Omni Tech Ltd's negligence, fraud or any other liability, which may not by applicable law be limited or excluded.
10.2. Omni Tech Ltd shall use its reasonable endeavors to ensure the maintenance and availability of the Sites and the Services but availability may be affected by your equipment, other communications networks, too many people trying to use the Omni Tech Ltd's Network or the Internet at the same time or other causes of interference and may fail or require maintenance without notice.
10.3. Neither Omni Tech Ltd nor any member of the Omni Tech Ltd Group shall be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the performance of or use of Services available on the Sites and in particular, but without limitation to the foregoing, Omni Tech Ltd specifically excludes all liability whatsoever in respect of any loss arising as a result of:
10.3.1. use which you make of the Sites and the Services or reliance on Services or any loss of any Services or your Content resulting from delays, non-deliveries, missed deliveries, or service interruptions; and
10.3.2. defects that may exist or for any costs, loss of profits, loss of your Content or consequential losses arising from your use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the Sites and the Services at any time.
10.4. All conditions or warranties which may be implied or incorporated into these Terms and Conditions by law or otherwise are hereby expressly excluded to the extent permitted by law.
10.5. Your only remedy under these Terms and Conditions is to discontinue using the Sites and the Services.
10.6. Omni Tech Ltd makes every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control. The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorized persons access to your mobile phone and the information stored on your mobile phone. These programs may perform actions that you have not authorized, possibly without your knowledge.
11.1. Omni Tech Ltd reserves the right to modify the Sites and/or the Services or suspend or terminate the Sites and/or the Services or access to part or all of them at any time.
11.2. Omni Tech Ltd reserves the right to revise these Terms and Conditions at any time. Such variations shall become effective two weeks after being posted on the website. By continuing to use this website you will be deemed to have accepted the varied Terms and Conditions.
12.1. You hereby agree to fully indemnify and to hold Omni Tech Ltd harmless from and against any claim brought by a third party resulting from the use of the Sites and the Services or the provision of Content to Omni Tech Ltd by you and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly or indirectly by Omni Tech Ltd in consequence of such use of the Sites and the Services or provision of Content or your breach or non-observance of any of these Terms and Conditions.
12.2. You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against Omni Tech Ltd arising from the above claims and shall provide Omni Tech Ltd with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.
13. Monitoring/recording of communications
Monitoring or recording of your calls, emails, text messages or other communications may take place in accordance with the law, and in particular for Omni Tech Ltd's business purposes, such as for quality control and training, to prevent unauthorized use of Omni Tech Ltd's telecommunication systems and to ensure effective systems operation and in order to prevent or detect crime.
14. Processing Your Instructions
14.1. You request and authorize us to rely and act upon all apparently valid communications as instructions properly authorized by you, even if they may conflict with any other instructions given at any time concerning bill or service requirements.
14.2. An instruction will only be accepted by us if you have passed through certain security criteria.
14.3. You agree that we can act on any instructions given to us even if these instructions were not authorized by you.
14.4. We will make reasonable efforts to process any instruction where you request us to do so but we shall not be liable for any failure to comply with such a request unless it is due to Omni Tech Ltd's failure to make reasonable efforts to do so.
14.5. You must make sure that any instruction is accurate and complete and we are not liable if this is not the case.
14.6. A transaction being carried out is not always simultaneous with an instruction being given. Some matters may take time to process and certain instructions may only be processed during normal working hours even though the service may be accessible outside such hours.
14.7. You will be responsible for all losses and payments (including the amount of any transaction carried out without your authority) if you have acted with gross negligence so as to facilitate that unauthorized transaction, or you have acted fraudulently. For the purposes of this Clause gross negligence shall be deemed to include failure to observe any of your security duties referred to in these Terms and Conditions.
15. Profligate use
15.1. Profligate use of the Omni Tech Ltd Network is prohibited. Omni Tech Ltd considers that any applications which transmit live video, live audio or make similar traffic demands across the Omni Tech Ltd Network by whatever means, unless provided by Omni Tech Ltd, constitutes making profligate use of the Omni Tech Ltd Network. Use of IP Multicast, other than by means provided and co-coordinated by Omni Tech Ltd is also prohibited.
16.1. Omni Tech Ltd may elect to suspend, vary or terminate the Services and the Sites immediately and without prior notice at any time for repair or maintenance work or in order to upgrade or update the Sites and the Services or for any other reason whatsoever.
16.2. Omni Tech Ltd may elect to terminate the Services or your access to the Sites forthwith on breach of any of these Terms and Conditions by you, including, without limitation, late or non-payment of sums due or if Omni Tech Ltd ceases to offer the Sites and the Services to its customers for any reason whatsoever.
17.1. Governing Law and Jurisdiction - These Terms and Conditions are governed by and construed in accordance with the laws of New Zealand and you hereby submit to the non-exclusive jurisdiction of the New Zealand courts.
17.2. Severability - These Terms and Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.
17.3. Waiver - Omni Tech Ltd's failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Omni Tech Ltd in writing.
17.4. Representations - You acknowledge and agree that in entering into these Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms and Conditions or not) other than as expressly set out in these Terms and Conditions as a warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.
17.5. Assignment - You in entering into these Terms and Conditions undertake that you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under these Terms and Conditions or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the Services being terminated by Omni Tech Ltd forthwith. Omni Tech Ltd may assign these Terms and Conditions in whole or in part to any third party at its discretion.
17.6. Force Majeure - Omni Tech Ltd shall not be liable in respect of any breach of these Terms and Conditions due to any cause beyond its reasonable control including but not limited to, Act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom Omni Tech Ltd is not responsible.
Other Important Information
1. Personal Information
The only personal information we will collect is the personal information provided to us by you when you register. You can, at any time during the provision of the service, view the personal information we are holding about you by going to the 'view or amend profile' page of our site and submitting a request to view your personal details we have on our records
2. Use of Personal Information
Any personal information you provide to us will only be used for the purposes for which you have provided it, and will only be used by us, other members of the Omni Tech Ltd group of companies or third parties operating and delivering the TEXT Alert service on our behalf, or otherwise assisting us with this service. Your personal information will be transferred to and held on our web server in Malaysia . It will only be used and held by us, or on our behalf, until you delete your details (as explained in section 5 below). After termination or expiry of the service, for whatever reason, we will retain non-identifying records of the use of the service, so that we can ascertain how much use was made of it, and in which countries.
Except as explained in 2 above, we will not pass any of your personal information to any third party without your consent. However, we may from time to time make non-identifying statistical information available to third parties or at the request of authorities.
5. Removal from our Database
You may at any time removes your personal details from our database, or amends or corrects those details. Simply go to the 'view or amend profile' page of our site and submit a request to delete your personal details from our records and discontinue use of the service. If you remove your details altogether, we will no longer be able to provide the TEXT Alert service to you, and so our agreement to do this will terminate.
6. Under 18s
8. Mobile Phone Terms and Conditions
When buying mobile phones from our online store, please read our terms and conditions when buying mobile phones by clicking on the link below.