Terms and Conditions of Use
Welcome to the interactive services provided by Australian Opal Direct Inc. (“Australian Opal Direct,” “us,” or “we”). These Terms of Use, along with our Privacy Policy and Video Services and Social Networking Policy (collectively, the "Terms"), govern your use of the websites, applications, and other products and services offered by Australian Opal Direct or its affiliates that include an authorized link to these Terms (collectively, the “Services”).
Please review these Terms carefully before using the Services, as they affect your legal rights. By accessing or using any of the Services, you accept these Terms and agree to be legally bound by them.
1. Privacy Policy and Additional Terms
Our Privacy Policy outlines how we collect, use, and protect your data. By using the Services, you consent to our data practices as described in the Privacy Policy.
Additional terms may apply to specific Services. These terms will be provided to you or posted on the relevant Service and are incorporated by reference into these Terms. In the event of a conflict between these Terms and any additional terms, the additional terms will govern.
Promotions, sweepstakes, and contests may have additional rules and eligibility requirements, such as age or geographic restrictions. You are responsible for reviewing and complying with these rules.
2. Sweepstakes and Promotions
From time to time, we may offer sweepstakes, contests, or other promotions (collectively, “Promotions”) through the Services. Participation in Promotions is subject to the following rules, in addition to any specific terms provided at the time of entry:
Eligibility: Promotions are open only to legal residents of the United States who are at least 18 years old, unless otherwise specified. Employees, contractors, and affiliates of Australian Opal Direct, as well as their immediate family members, are not eligible to participate. No purchase necessary to enter or win.
To enter, participants must submit a valid email address via the official entry form on Opal Direct’s website or designated platform during the Promotion Period.
Entry Limitations: Unless otherwise stated, each individual is limited to one (1) entry per email address per calendar month. Multiple entries from the same email address or individual may result in disqualification. Participants must have access to an email address to enter.
Employees, officers, directors, affiliates, subsidiaries, and agents of Australian Opal Direct, and their immediate family members (spouse, parent, sibling, child) or household members, are not eligible to participate.
- No Purchase Necessary: No purchase is required to enter or win. A purchase will not increase your chances of winning.
- Prizes: Prizes are non-transferable and cannot be exchanged for cash unless explicitly stated. Taxes on prizes are the sole responsibility of the winner.
- Void Where Prohibited: Promotions are void where prohibited by law.
- Disqualification: We reserve the right to disqualify any participant who violates these Terms, tampers with the entry process, or engages in fraudulent activity.
1 Promotion Period:
The Sweepstakes begins at 12:00 AM UTC on the 1st day of each calendar month and ends at 11:59 PM UTC on the last day of the same month ("Promotion Period").
2. How to Enter
Limit of one (1) entry per email address per calendar month. Multiple entries from the same email address in the same calendar month will be disqualified.
3. Prize
Prizes vary monthly Prize is non-transferable, non-refundable, and cannot be redeemed for cash.
4. Winner Selection and Notification
The winner will be selected at random from all eligible entries received during the Promotion Period. The drawing will occur within five (25) business days following the end of the Promotion Period.
The winner will be notified via the email address or phone provided 30 business days following the promotional period of the drawing. If the winner does not respond within ten (10) days, an alternate winner may be selected.
5. Publicity Release
By entering, participants grant Opal Direct the right to use their name, likeness, photo, social media account, city, and country of residence in any media for promotional purposes worldwide, without additional compensation, unless prohibited by law.
6. Taxes and Compliance
Winner is responsible for any taxes or fees associated with the prize. Opal Direct makes no representations about the tax implications and recommends winners consult their local tax advisors.
Participants must comply with all local laws and regulations applicable to their participation.
7. Privacy
By entering, you agree your personal information will be collected, used, and disclosed according to Opal Direct’s Privacy Policy, available at https://australianopaldirect.com/privacy-policy/
8. General Conditions
Opal Direct reserves the right to disqualify any entry that is incomplete, fraudulent, or does not comply with these Terms.
Opal Direct is not responsible for technical failures, lost or delayed entries, or other issues outside its reasonable control.
Sweepstakes is void where prohibited by law.
9. Limitation of Liability
To the fullest extent permitted by law, Opal Direct and its affiliates shall not be liable for any damages, losses, or injuries arising from participation or acceptance/use of any prize.
10. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of [Insert State], USA, without regard to conflicts of law principles.
Except where prohibited, disputes shall be resolved by binding arbitration under the American Arbitration Association’s rules.
3. Registration and Account Security
To access certain features or make purchases, you may need to create an account. You agree to:
- Provide accurate, current, and complete information during registration.
- Update your information promptly if it changes.
You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. If you suspect unauthorized use, notify us immediately. We are not liable for any loss or damage resulting from unauthorized account access.
Users under the age of 13 are prohibited from using the Services. Age-restricted Services may require additional verification.
4. Intellectual Property and License
All content on the Services, including but not limited to text, graphics, logos, videos, and software (“Content”), is protected by intellectual property laws. Australian Opal Direct retains all rights, title, and interest in the Content and Services.
You are granted a limited, non-exclusive, non-transferable license to access and use the Content for personal, non-commercial purposes. You may not:
- Modify, reproduce, distribute, or create derivative works from the Content.
- Use the Content for commercial purposes without prior written consent.
- Circumvent any digital rights management or security features.
Viral Distribution:
We may authorize you to share certain Content for personal, non-commercial purposes. Such authorization may be revoked at any time.
Commercial Licenses:
For commercial use of Content, you must obtain written permission. Contact us for licensing inquiries.
5. User Submissions
By submitting content (e.g., text, videos, feedback) to the Services, you grant Australian Opal Direct a perpetual, worldwide, royalty-free license to use, reproduce, modify, and distribute your submissions in any format or medium.
You retain ownership of your submissions but waive any moral rights. Deleted submissions may remain in backups or be retained by third parties who accessed them.
You represent that you have the necessary rights to grant this license and that your submissions comply with these Terms.
6. Third-Party Content and Links
The Services may include third-party content or links to third-party websites. We do not endorse or assume responsibility for third-party content or actions. Review their terms and policies before engaging with their services.
If you link your account to social media platforms, you consent to the sharing of your information as governed by the privacy settings of those platforms.
7. Mobile Features
Mobile-specific features are available to users aged 18 or older in the U.S. unless otherwise noted. Your wireless provider may charge fees for text messages or data usage.
You may not transfer Content received on a mobile device to another device. By opting into mobile alerts, you agree to receive recurring marketing messages. To opt out, text STOP to the provided number.
8. Acceptable Use
You agree not to:
- Access the Services through unauthorized means.
- Engage in activities that disrupt or harm the Services or other users.
- Transmit harmful, illegal, or objectionable content.
- Violate intellectual property or privacy rights.
- Use automated tools (e.g., bots, scrapers) to access the Services.
Violation of this section may result in account termination and legal action.
9. Service Modifications and Termination
We reserve the right to:
- Modify or discontinue the Services at any time.
- Restrict, suspend, or terminate your access for violations of these Terms.
We are not liable for any changes to the Services or account deactivation.
10. Indemnification
You agree to indemnify and hold harmless Australian Opal Direct and its affiliates from any claims, damages, or expenses arising from your use of the Services or violation of these Terms.
11. Disclaimers and Limitation of Liability
The Services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including fitness for a particular purpose.
To the fullest extent permitted by law, we are not liable for indirect, incidental, or consequential damages arising from your use of the Services.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California. Disputes will be resolved through binding arbitration or small claims court, as outlined in our arbitration agreement. Class actions and jury trials are waived.
13. Miscellaneous
- Notices will be delivered via email or posted on the Services.
- These Terms constitute the entire agreement between you and Australian Opal Direct.
- If any provision is deemed unenforceable, the remaining provisions will remain in effect.
For account deletion or inquiries, contact us using the information provided on the Services.
14. Telematics and Marketing Communications
By opting into marketing communications, you consent to receive recurring messages. Message and data rates may apply. These Terms and Conditions ("Terms") govern your use of our text messaging services, including promotional and transactional messages sent via SMS, MMS, or other mobile messaging platforms (collectively, “Text Messaging Services”).
By opting into or using our Text Messaging Services, you agree to be bound by these Terms, as well as our Privacy Policy and general Terms of Service available at https://australianopaldirect.com/terms/.
2. Consent to Receive Messages
By providing your mobile phone number and opting into our Text Messaging Services (e.g., by signing up online, texting a keyword, or checking a consent box at checkout), you expressly consent to receive:
- Promotional messages about sales, new products, and special offers
- Transactional messages related to your orders, including confirmation, shipping updates, and customer support
You acknowledge and agree that:
- Consent is not a condition of any purchase
- Message and data rates may apply depending on your mobile carrier and plan
- Message frequency may vary
3. Opting Out
You may opt out of promotional SMS messages at any time by:
- Replying STOP to any message you receive from us
- Contacting our customer service at [Phone Number or Email]
Upon receipt of your opt-out request, you will no longer receive promotional messages from us. However, we may still send transactional or service-related messages as permitted by law (e.g., order confirmations, shipping updates).
If you wish to fully opt out of all messaging, please contact us at [Insert Contact Info].
4. Help and Customer Support
For assistance or more information regarding our SMS program, reply HELP to any of our messages.
5. User Responsibilities
By using our Text Messaging Services, you agree to:
- Provide accurate and up-to-date contact information
- Use the service only for lawful purposes
- Not impersonate any person or entity
- Not use our services to send unsolicited or unlawful messages
6. Mobile Carriers
We are not responsible for:
- Delays or undelivered messages
- Any issues with your mobile service provider
- Charges or fees imposed by your carrier
Text Messaging Services are available on most major U.S. carriers but carrier participation is not guaranteed.
7. Privacy
Your privacy is important to us. We handle your personal information in accordance with our Privacy Policy, which explains how we collect, use, and safeguard your data.
If you are a resident of California or another jurisdiction with specific privacy rights, please refer to our Privacy Rights Notice for more information.
8. Changes to Terms
We reserve the right to modify or terminate our Text Messaging Services or these Terms at any time. We will notify you of material changes by posting the updated Terms on our website or via SMS.
Continued use of the services after such changes constitutes your acceptance of the new Terms.
9. Dispute Resolution and Arbitration
Any dispute arising from or relating to these Terms or our Text Messaging Services shall be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if they qualify.
You waive your right to participate in class actions or class-wide arbitration.
15. Trademark and Copyright
All content on www.australianopaldirect.com is protected under copyright and trademark laws. Unauthorized use is prohibited.