Terms of Service

Version: terms-1.6.0-2026-11-06-o115
Effective: 7 October 2026

These Terms of Service are the main agreement between you and Ohara. They explain who can use Ohara (adults aged 18 or over who live in Australia), how your account works and how to keep it secure, what berries are (Ohara's in-game currency, bought at 100 berries for A$1.00, that you can spend only on packs and cannot cash out), the rules everyone must follow (including no bots, no multiple accounts and no payment fraud), when we may suspend or close an account, and what happens to your berries and cards if an account closes. They also explain how we will tell you about changes to these terms and ask you to accept them again, how to make a complaint, and how the Australian Consumer Law protects you. Nothing in these terms takes away your rights under the Australian Consumer Law. How packs, openings, postage and refunds work is set out in our Purchase Agreement and Sales Terms, and how selling cards back works is set out in our Buy-back Terms.

Draft for review. This document is a draft prepared for review and must be reviewed by an Australian legal practitioner before it is relied on.

Launch blocker: Legal identity incomplete. All unresolved fields are registered in unresolved.json; owner/counsel must resolve them before paid launch.

Current build: Ohara remains a demo/test service. No real money is collected and no real cards are sold or posted. Proposed paid-service procedures in this draft (including refunds on closure, support response times, spending controls and retention) require the bracketed owner decisions and implementation before launch. Account and privacy obligations still apply to information actually collected.

Related documents: Purchase Agreement and Sales Terms · Buy-back Terms · Trade Promotion and Competition Rules (Template) · Privacy Policy · Data Handling Note · Frequently Asked Questions

1. About these terms

1.1 Who we are. Ohara is operated by UNRESOLVED: OPERATOR_LEGAL_NAME (ABN UNRESOLVED: ABN) of UNRESOLVED: REGISTERED_ADDRESS ("Ohara", "we", "us", "our"). You can contact us at UNRESOLVED: SUPPORT_EMAIL.

1.2 Your agreement with us. Your agreement with us is made up of:

• (a) these Terms of Service;
• (b) our Purchase Agreement and Sales Terms, which cover packs, openings, postage, refunds and remedies;
• (c) our Buy-back Terms, which cover selling cards back to us;
• (d) our Privacy Policy, which explains how we handle your personal information; and
• (e) the terms of any promotion you choose to enter, which apply to that promotion only (see our Trade Promotion and Competition Rules (Template)).

Our Frequently Asked Questions and Data Handling Note explain these documents in plain language. They are not part of the agreement, and if anything in them is inconsistent with the documents listed above, the documents listed above apply.

1.3 Accepting these terms. You accept these terms, the Sales Terms, the Buy-back Terms and the Privacy Policy when you create your account, by confirming that you have read and agree to them. We keep a record of your acceptance, including the version of each document you accepted, the date and time, and the IP address from which you accepted. We also record the version of the terms that applied to each opening you make.

1.4 Which document applies. If documents in your agreement deal with the same subject differently: the Australian Consumer Law and any other law that cannot be excluded always prevails; then the Sales Terms prevail for purchases, openings, postage and refunds; the Buy-back Terms prevail for buy-backs; and these Terms of Service apply to everything else.

1.5 Plain language. We have tried to write these terms clearly. Headings and examples are there to help you read them; they do not limit what a clause says. Words like "including" and "for example" do not limit the general words before them.

2. Words we use

In these terms:

• Account means your Ohara customer account.
• Business day means a day other than a Saturday, Sunday or public holiday in UNRESOLVED: GOVERNING_STATE.
• Card, pack, revision, opening, vault, reference value and postage request have the meanings given in our Purchase Agreement and Sales Terms.
• Berries means Ohara's in-game currency described in clause 7.
• Ledger means the record in your account of every movement of berries, and of your openings and buy-backs.
• Ohara or the service means our website, applications and related services, including the shop, the vault, the ledger and customer support.

3. Who can use Ohara

3.1 Adults only. You must be 18 years of age or older to create an account or use Ohara. Packs involve chance, and we do not sell them to anyone under 18.

3.2 Australia only. Ohara is offered only to people who live in Australia and use Ohara while in Australia. We deliver only to Australian addresses. We may block or restrict access from outside Australia.

3.3 Capacity and eligibility. You must be legally able to enter into a binding contract and must not be prevented by any law from using Ohara. You must not create an account if we have previously closed your account for breach of these terms, or while you are self-excluded from Ohara (see clause 6), unless we have agreed in writing.

3.4 Personal accounts. Accounts are for individuals acting on their own behalf. You must not create an account for, or on behalf of, another person or a business.

3.5 Age and identity checks. We may ask you to confirm your date of birth, verify your age or identity, or provide other information so that we can check that you are eligible, protect your account, or meet our legal obligations. We may use a third-party verification service to do this, as explained in our Privacy Policy. Until a check is complete, we may restrict your account. If you do not complete a check we reasonably require, we may close your account under clause 12.

3.6 If we find an account belongs to someone under 18. We will close the account. We will deal with any money paid, berries and cards fairly and in accordance with the law, which may include refunding money to the person who paid it. UNRESOLVED: MINOR_ACCOUNT_PROCESS (confirm with counsel; see the R8 legal review register.)

4. Your account

4.1 One account per person. You may hold only one account. If you open more than one, we may close or merge the extra accounts.

4.2 Accurate information. The information you give us must be true, accurate and complete, and you must keep your email address and other details up to date. We send important notices to the email address in your account.

4.3 Your account is personal. You must not sell, transfer, lend or share your account, or let anyone else use it.

4.4 Activity on your account. You are responsible for activity on your account that you carry out or authorise, and for activity that happens because you did not take reasonable care of your login details. You are not responsible for activity that happens because of our failure, or because of fraud or unauthorised access that was not caused by your lack of reasonable care.

5. Keeping your account secure

5.1 Your password. Choose a strong password that you do not use anywhere else, and keep it secret. We never store your password itself: we store only a one-way cryptographic hash of it. We will never ask you for your password by email, phone or message.

5.2 Extra protection. If we offer additional security features (such as multi-factor authentication), we strongly recommend you turn them on.

5.3 Tell us about a problem. If you think someone else knows your password or has used your account, contact us to secure the account and arrange a credential change at UNRESOLVED: SUPPORT_EMAIL immediately. We may lock your account to protect it while we look into the problem.

5.4 Signing in. We may sign you out after a period of inactivity, ask you to sign in again, or ask you to confirm your identity before sensitive actions (such as changing your email address or closing your account).

6. Spending responsibly

6.1 Packs involve chance. When you open a pack, the card you draw is decided by chance. It may be worth more or less than you paid. Cards are for collecting and enjoyment, not investment. Only spend what you can comfortably afford, and never try to win back money you have spent.

6.2 Limits and breaks you can ask for. You can ask us at any time, by contacting UNRESOLVED: SUPPORT_EMAIL, to:

• (a) set a limit on how much you can top up per day, week or month;
• (b) block top-ups and openings for a break of a period you choose; or
• (c) self-exclude from Ohara for a period of at least UNRESOLVED: SELF_EXCLUSION_MINIMUM_MONTHS months.

We will put a limit, break or self-exclusion in place within one business day of your request. A reduction or block takes effect as soon as we apply it. A request to increase or remove a limit, or to end a break early, only takes effect after a cooling-off period of at least seven days. During a break or self-exclusion you can still view your vault and ledger, ask us to post your cards and sell cards back, and we will not send you marketing.

6.3 When we may step in. If we have reasonable grounds to be concerned that your spending is causing you harm, we may contact you, suggest or apply limits, or pause your ability to top up or open packs. We will tell you what we have done and why.

6.4 Free support. If you are worried about your spending, or someone else's, free and confidential support is available 24 hours a day from Gambling Help Online (gamblinghelponline.org.au, 1800 858 858), and free financial counselling is available (see dss.gov.au/financialcounselling).

7. Berries

7.1 What berries are. Berries are Ohara's in-game currency. You buy them at 100 berries for A$1.00 (1 berry costs A$0.01) and use them for one thing: opening packs. Berries are not money, a gift card or store credit, they have no cash value, and they never expire. Your balance is shown in berries and in dollars: the dollar figure is what those berries cost to buy, not a cash value.

7.2 Buying berries. You buy berries by topping up your account through our payment processor. Each top-up must be at least A$10 (1,000 berries) and no more than A$1,000 (100,000 berries). We may offer preset amounts (for example, A$10, A$20, A$50 and A$100), and we may set daily, weekly or monthly top-up limits, which we will show you. You pay the face value of the berries: a top-up of A$20 buys 2,000 berries. UNRESOLVED: GST_TREATMENT_OF_TOPUPS (confirm with a tax adviser how GST applies to berry top-ups and redemptions; see the R8 legal review register.)

7.3 When berries are credited. Berries are credited to your balance once, when our payment processor confirms that your payment has succeeded. If a payment is still being processed, the top-up shows as pending and the berries are credited as soon as the payment is confirmed. If a payment fails, no berries are credited and you are not charged (or any charge is reversed by the processor). Each top-up carries a unique reference, so a top-up cannot be credited twice.

7.4 Using berries. You can use berries for one thing only: paying for pack openings.

7.5 Berries from buy-backs. Berries you receive by selling a card back to us under the Buy-back Terms are the same as any other berries, except as stated in clause 7.10.

7.6 What berries are not. Berries are not money, a gift card or store credit, and are not legal tender. They are not a deposit with us or anyone else, they do not earn interest, and they are not an investment. Berries can only be used with Ohara. You cannot sell, transfer, gift or exchange berries, or move them to another account or person.

7.7 No cash value, no cash-out. Berries have no cash value. They cannot be withdrawn, cashed out or exchanged for money, except as set out in clause 7.10 or where the law requires us to give you a refund in money.

7.8 No expiry and no fees. Berries never expire. We do not charge any fee for holding berries, for keeping your account, or for an inactive account.

7.9 Your ledger. Every movement of berries (each top-up, each opening, each refund and each buy-back) is recorded in your ledger, together with your running balance. Please check your ledger regularly and tell us promptly if anything looks wrong.

7.10 Refunds of berries.

• (a) Payment errors. If a top-up is charged twice, charged in error, or charged without your authority, we will refund the amount to your original payment method (and remove the corresponding berries, if they were credited).
• (b) Australian Consumer Law. Where the Australian Consumer Law entitles you to a refund, we will give you one as described in our Purchase Agreement and Sales Terms.
• (c) When an account closes — proposed policy, not approved for paid launch. When your account closes for any reason (whether you close it or we do, or because we stop operating Ohara), we will refund your Refundable Amount in money to your original payment method. Your Refundable Amount is the lesser of:
  • (i) your berry balance when the account closes; and
  • (ii) the total berries you bought with money, minus the total berries you have spent on openings and other purchases (but not less than zero).

This means you get back money you paid for berries that you have not used. Berries that came from buy-backs, from promotions or from a demo credit are not refunded in money. We may offset only an amount you agree is due or that is lawfully established as due, and only where the law permits that offset. Suspecting fraud or commencing an investigation does not by itself authorise indefinite withholding. Any restriction must be lawful, necessary, proportionate and reviewed promptly; it cannot override a mandatory refund. We will pay the refund within UNRESOLVED: REFUND_PROCESSING_BUSINESS_DAYS business days of the account closing. If we cannot refund your original payment method, we will pay the refund by another method in your name after verifying your identity. UNRESOLVED: CLOSURE_REFUND_POLICY (owner decision and legal review required; see the R8 legal review register.)

7.11 Mistakes in your balance. If berries are credited to, or deducted from, your balance by mistake (for example, because of a system fault), we will correct the mistake and tell you what we changed and why. If the correction would take back berries that you have already spent, we will contact you first and work with you on a fair way to resolve it; we will not take your balance below zero. If you disagree with a correction, you can make a complaint under clause 21.

7.12 If a payment is reversed. If a payment you made to us for berries is reversed (for example, through a chargeback), we will remove the berries bought with that payment. If you have already spent them, we may restrict your account (for example, openings, top-ups and buy-back) until the matter is resolved. This does not stop you from using your card issuer's dispute process; but please contact us first, because we can often fix a problem faster.

7.13 Demo credit. Any berries credited while Ohara operates in demo mode (including a demo welcome credit) are demonstration credits only and have no value (see the Purchase Agreement and Sales Terms, clause 15).

8. Packs, your vault, postage and buy-back

8.1 Buying packs. How packs work — including what the pack page shows you before you open, how the draw is made on our server before any animation, why odds are fixed for each revision, what happens when a card sells out (a pack with stock replacement keeps selling and the card is restocked; any other revision closes), when a pack pauses for restocking or is put on hold, and what happens when the top card is pulled — is set out in our Purchase Agreement and Sales Terms.

8.2 Your vault. Cards you draw are yours. We hold them for you in your vault until you ask us to post them or sell them back to us.

8.3 Postage. You can ask us to post cards from your vault to an Australian address, as set out in the Purchase Agreement and Sales Terms.

8.4 Buy-back. You can sell eligible cards back to us for berries, as set out in our Buy-back Terms.

8.5 Demo mode. Until we announce that paid sales have started, Ohara operates in demo mode, as described in the Purchase Agreement and Sales Terms, clause 15. In demo mode no real money moves and demonstration transactions do not transfer ownership of physical cards or arrange delivery. Your privacy rights and other rights that cannot be excluded still apply.

9. Levels and progress

9.1 What levels are. Your account may show a level, experience points (XP) and a progress bar, based on your activity on Ohara. XP is calculated from the records of your openings: 1 XP for each berry you spend on openings, net of any refunds; 20 XP for each pack you open with your berries; and 100 XP for each day (Melbourne time) on which you open at least one pack with your berries.

9.2 Level perks. Some levels unlock perks. At the date of these terms they are:

• (a) pack-art frames: a decorative frame drawn around the packs on your own screens - bronze from level 3, silver from level 6, gold from level 9 and holo from level 12;
• (b) early access to scheduled drops: from level 5, you may open a scheduled drop up to 30 minutes before its public sale time (see the Purchase Agreement and Sales Terms, clause 6.8); and
• (c) postage perks: from level 5 we take 50% off the postage fee of a postage request, and from level 8 we take all of it. The perk is worked out from the live quote for that request (the carrier's price plus our handling fee) and shown as its own line in the quote's breakdown (see the Purchase Agreement and Sales Terms, clause 14.3). Postage perks are paid from a postage allowance of 10% of the berries you have spent on openings, net of any refunds, less the postage perks used by your postage requests that have not been cancelled or refunded. When the allowance does not cover the perk, the quote takes off what the allowance covers and says so.

Apart from postage perks, perks are cosmetic or a matter of timing only. No perk is ever berries, money, a discount on a pack, a free pack, cashback or any other credit; a postage perk applies only to the postage of cards in your own vault and cannot be exchanged for anything else; perks have no monetary value; they cannot be sold, transferred or exchanged; and they never change the odds of any pack. Every opening, early or not, is drawn against the odds shown on the pack page for the revision you open.

9.3 Changes to perks. We may add, change or remove perks, or change the level that unlocks a perk, for the reasons and with the notice in clause 20. We will publish a change before it takes effect. A change never affects an opening you have already made.

9.4 Changes. We may change how levels are calculated or displayed, or stop showing them, for the reasons and with the notice in clause 20. This does not change completed transactions.

10. Rules of conduct

10.1 Use Ohara fairly and lawfully. You must use Ohara only for its intended purpose: buying, collecting, receiving and selling back cards for yourself, in accordance with these terms and the law.

10.2 What you must not do. You must not, and must not try to, or help anyone else to:

• (a) use bots, scripts, macros, automated tools, or any other automated means to access or use Ohara, including to open packs, monitor stock, or sell cards back in bulk (sometimes called "draining"), other than through an interface we have expressly provided for that purpose;
• (b) get around, disable or interfere with any limit or protection we apply, including rate limits, top-up or opening limits, age or location checks, and security features;
• (c) open or use more than one account, use another person's account, or create accounts to obtain any offer or promotion more than once;
• (d) use a payment method that you are not authorised to use, or provide false information to us or to our payment processor;
• (e) exploit a bug, error or vulnerability in Ohara for any purpose (if you find one, please report it to UNRESOLVED: SECURITY_CONTACT_EMAIL and do not use it);
• (f) copy, reverse engineer, decompile or interfere with Ohara's software, or attempt to predict, influence or manipulate the outcome of any draw;
• (g) scrape, harvest or copy content or data from Ohara by automated means;
• (h) introduce malware, overload our systems, or carry out any attack on Ohara;
• (i) use Ohara to launder money, to finance any unlawful activity, or to transfer value to another person;
• (j) use a VPN, proxy or other means to disguise your identity or location in order to get around a restriction in these terms;
• (k) harass, threaten or abuse our staff or other people;
• (l) claim to be, or to be associated with, Ohara or any other person without permission;
• (m) collude with anyone to manipulate a promotion, a price or any part of Ohara; or
• (n) break any law in connection with your use of Ohara.

10.3 Rate limits. To keep Ohara fair and available for everyone, we limit how quickly requests can be made from an account or connection. If you reach a limit, wait a short time and try again. Rate limits are protections against automated misuse, not a cap on how much a genuine customer may buy.

11. Fraud, chargebacks and payment disputes

11.1 Fraud. If we reasonably suspect that a top-up, opening, buy-back or postage request involves fraud or a payment you were not entitled to make, we may refuse or delay it, and we may restrict your account while we investigate.

11.2 Chargeback abuse. Knowingly making a false payment dispute or deliberately misrepresenting what happened is a breach of these terms. Authorising a payment or using berries does not, by itself, make a later dispute improper: a genuine complaint about non-delivery, defects, misrepresentation or other grounds remains available. If that happens, we may provide our records to your card issuer, recover the amount from you, and restrict or close your account.

11.3 Your genuine dispute rights. Nothing in these terms limits your right to dispute a transaction with your card issuer in good faith, or any other right you have under the law.

12. Suspension, restriction and closure

12.1 You can close your account at any time. You can close your account by contacting us at UNRESOLVED: SUPPORT_EMAIL. Before your account closes, we recommend that you ask us to post, or sell back, any cards in your vault. When your account closes, we will refund your Refundable Amount under clause 7.10(c). If cards remain in your vault when your account closes, we will keep them for you for at least UNRESOLVED: UNCLAIMED_CARDS_HOLD_MONTHS months, during which you can contact us to have them posted to you (at the standard postage fee). After that, we will deal with any remaining cards in accordance with the law that applies to uncollected goods. UNRESOLVED: UNCLAIMED_CARDS_PROCESS (confirm with counsel; see the R8 legal review register.)

12.2 When we may suspend or restrict your account. We may suspend your account, or restrict particular features (for example, top-ups, openings or buy-back), if we reasonably believe that:

• (a) you have breached these terms;
• (b) there has been fraud, an unauthorised payment, or a security compromise involving your account;
• (c) we need to do so to comply with a law, a court order, or a request or direction from a regulator or law enforcement agency;
• (d) an age, identity or eligibility check is outstanding; or
• (e) it is necessary to protect you from harm (see clause 6.3).

We will act in a way that is proportionate to the reason. Where we can, we will restrict only what is necessary: for example, we may pause openings while still letting you view your vault and request postage.

12.3 When we may close your account. We may close your account if:

• (a) you have seriously breached these terms, or you have breached them and not fixed the breach within a reasonable time after we asked you to;
• (b) you have committed fraud, or used Ohara for an unlawful purpose;
• (c) we are required to by law, or by a regulator, court or law enforcement agency;
• (d) you are not eligible to use Ohara (for example, because you are under 18 or do not live in Australia); or
• (e) we decide to stop operating Ohara.

12.4 Telling you. We will tell you if we suspend, restrict or close your account, and why, unless the law prevents us or telling you would prejudice an investigation. If you think we have made a mistake, you can ask us to review the decision under clause 21; we will review it promptly and tell you the outcome.

12.5 Notice period. Except where we close an account under clause 12.3(b) or (c), or the law requires us to act sooner, we will give you at least 30 days' notice before we close your account. During the notice period you can use your berries, ask us to post your cards and sell cards back, unless your account has been restricted under clause 12.2.

12.6 What happens to your cards and berries. If we close your account:

• (a) we will refund your Refundable Amount under clause 7.10(c);
• (b) cards in your vault remain yours, and we will post them to you on request (at the standard postage fee, unless clause 12.7 applies) or hold them as described in clause 12.1; and
• (c) any offset or hold is subject to the safeguards in clause 7.10(c) and your mandatory rights; an investigation alone does not give us a right to retain your property indefinitely.

12.7 If we stop operating Ohara. If we decide to stop operating Ohara, we will give you at least 30 days' notice. During that period you can use your berries and sell cards back. At the end of the period we will refund your Refundable Amount and post any cards remaining in your vault to the address in your account at our cost. UNRESOLVED: SERVICE_CLOSURE_POSTAGE (owner decision; see the R8 legal review register.)

12.8 What continues after closure. Clauses that by their nature should continue after your account closes (for example, clauses 7.10, 11, 12, 13, 16 to 18, and 21 to 23) continue to apply.

13. Intellectual property

13.1 Our content. Ohara, including its software, design, text, graphics, logos, pack artwork created by us and the Ohara name, is owned by us or our licensors and is protected by intellectual property laws. We give you a personal, non-exclusive, non-transferable, revocable licence to use Ohara for its intended purpose in accordance with these terms. You must not copy, reproduce, adapt or distribute our content except as allowed by law or with our written permission.

13.2 Third-party trade marks and artwork. One Piece, the One Piece Card Game and related names, characters, logos, card images and artwork are trade marks or copyright works of their respective owners. Ohara is an independent retailer of physical trading cards. Ohara is not affiliated with, sponsored by or endorsed by the publisher of the One Piece Card Game or the owners of the One Piece franchise. Card images are shown to identify the specific cards we sell.

13.3 Your feedback. If you send us ideas, suggestions or feedback about Ohara, you allow us to use them without restriction or payment to you.

13.4 Telling us about infringement. If you believe content on Ohara infringes your rights, please contact us at UNRESOLVED: SUPPORT_EMAIL with details.

14. Third-party services

14.1 Payment processing. Payments are processed by UNRESOLVED: PAYMENT_PROCESSOR_LEGAL_NAME and, if we offer them, other payment providers that we name at checkout. Your payment card details are entered with and held by the payment processor, not by Ohara. The processor's own terms and privacy policy apply to its services.

14.2 Delivery. We use third-party carriers to deliver your cards. We remain responsible to you for delivery as set out in our Purchase Agreement and Sales Terms.

14.3 Links. Ohara may link to websites run by others. We are not responsible for those websites or their content.

15. Availability and changes to the service

15.1 Availability. We work to keep Ohara available and secure, but it may sometimes be unavailable, for example because of maintenance, technical faults or events outside our control. We will try to give notice of planned maintenance.

15.2 Pausing sales. We may pause new openings for all customers at any time for an operational, legal, security or integrity reason. While sales are paused, your vault, berries, ledger, postage requests and (unless suspended) buy-back remain available.

15.3 Changing what we offer. We may change, add or remove packs, revisions, features and payment methods. Changes to future revisions never affect openings you have already made. If we make a change that significantly reduces what you can do with berries you have already bought, you may close your account and receive your Refundable Amount under clause 7.10(c).

16. Your rights under the Australian Consumer Law

16.1 Consumer guarantees. Our goods 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.

16.2 Services. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

16.3 These terms do not limit those rights. Nothing in these terms, or in any of the documents that form part of your agreement with us, excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or any other law that cannot lawfully be excluded or limited. How we provide remedies for faulty or misdescribed cards and other problems is explained in our Purchase Agreement and Sales Terms, clause 13.

17. What we do not promise

17.1 Subject always to clause 16, we do not promise that:

• (a) you will draw any particular card, tier or value from any opening;
• (b) any card will keep, or increase in, value, or that you could sell any card for its reference value to anyone other than us;
• (c) Ohara will be available at all times or free from errors (although we will provide our services with due care and skill); or
• (d) the third-party market data from which we derive reference values is complete or error-free (although we take reasonable care in how we use it).

17.2 Information on Ohara about cards, sets and the card game is general information only.

18. Limitation of liability

18.1 What is never limited. Nothing in this clause 18 excludes or limits: your rights under clause 16; any liability that cannot lawfully be excluded or limited; or our liability for fraud, for our wilful misconduct, or for death or personal injury caused by our negligence.

18.2 Losses we are not responsible for. Subject to clause 18.1, we are not liable for any loss or damage to the extent that it:

• (a) was not reasonably foreseeable when you entered into the relevant transaction;
• (b) was caused by your breach of these terms; or
• (c) was caused by an event outside our reasonable control (but this does not affect any consumer guarantee).

18.3 No unapproved liability cap. This draft does not impose a monetary cap on our liability. Any proposed limitation requires specific legal review and cannot remove non-excludable rights or impose an unfair contract term.

18.4 Your responsibility. You are responsible for loss or damage you cause to us through your fraud or your deliberate breach of these terms, to the extent the law allows us to recover it.

19. Privacy and communications

19.1 Privacy. We handle your personal information in accordance with our Privacy Policy. Our Data Handling Note summarises what we keep and for how long.

19.2 Electronic communications. You agree that we may give you notices, receipts and other information electronically, by email to the address in your account or by displaying them in your account. Please keep your email address up to date.

19.3 Service messages. We will send you messages about your account, purchases, postage, security and changes to these terms. These are not marketing, and you cannot opt out of them while you have an account.

19.4 Marketing. We will only send you marketing messages if you have agreed to receive them, and every marketing message will include a simple way to unsubscribe. We will not send you marketing while you are on a break or self-excluded.

20. Changes to these terms

20.1 Why we might change these terms. We may change these terms (and the other documents that form part of your agreement) to reflect changes in the law or regulatory guidance, to describe new or changed features, to improve security or fairness, to make the terms clearer, to reflect changes in how we operate (such as new payment methods or carriers), or to correct errors.

20.2 Notice. We will give you at least 30 days' notice of any change that is likely to be to your disadvantage, by email and by a notice on Ohara. We may give shorter notice, or none, where a change is required by law or is urgently needed to protect the security or integrity of Ohara. Changes that are not to your disadvantage (for example, corrections or clarifications) may take effect when we publish them.

20.3 New version and re-acceptance. Every change in substance gets a new version string (for example, terms-1.1.0-2027-03-01). When a new version takes effect, we will ask you to read and accept it the next time you sign in, and we will record your acceptance as described in clause 1.3. Until you accept it, you will not be able to top up or open packs, but you will still be able to view your vault and ledger, ask us to post your cards, and close your account.

20.4 If you do not accept a change. If you do not want to accept a change, you can close your account at no cost under clause 12.1 and receive your Refundable Amount under clause 7.10(c). Cards in your vault can still be posted to you or sold back under the terms you previously accepted.

20.5 No retrospective effect. A change to these terms never affects an opening, buy-back, top-up or postage request completed before the change took effect. Each of those is governed by the version in force when it was made.

20.6 Previous versions. We keep every version of these terms on record. You can ask us for a copy of any version you accepted.

21. Complaints and disputes

21.1 Tell us first. If you are unhappy with anything about Ohara, please contact us at UNRESOLVED: SUPPORT_EMAIL. Tell us what happened, what you would like us to do, and include any relevant references from your ledger (for example, an opening, top-up, buy-back or postage reference).

21.2 How we handle complaints. We will acknowledge your complaint within UNRESOLVED: COMPLAINT_ACK_BUSINESS_DAYS business days, investigate it fairly, and aim to give you our response within UNRESOLVED: COMPLAINT_RESPONSE_BUSINESS_DAYS business days. If we need longer, we will tell you why and keep you updated. Our response will explain what we found, what we will do, and the reasons for our decision.

21.3 Review. If you are not satisfied with our response, you can ask for your complaint to be reviewed by a more senior member of our team, who has not been involved in the original decision.

21.4 Outside help. You can contact an external body at any time, whether or not you have complained to us first, including:

• (a) the consumer protection agency in your state or territory (for example, NSW Fair Trading or Consumer Affairs Victoria);
• (b) the Australian Competition and Consumer Commission (ACCC);
• (c) for privacy complaints, the Office of the Australian Information Commissioner (OAIC), as explained in our Privacy Policy; and
• (d) a court or tribunal, including the small claims division of your local court or civil and administrative tribunal.

21.5 Your rights to take action. Nothing in these terms limits your right to bring a claim in a court or tribunal, or requires you to use arbitration.

22. Governing law

22.1 These terms are governed by the laws of UNRESOLVED: GOVERNING_STATE, Australia. You and we submit to the non-exclusive jurisdiction of the courts and tribunals of UNRESOLVED: GOVERNING_STATE and the Commonwealth. This does not stop you from bringing a claim in the courts or tribunals of the state or territory where you live, and it does not take away the protection of any consumer law of the place where you live that applies to you.

23. General

23.1 Entire agreement. The documents listed in clause 1.2 are the whole agreement between you and us about Ohara, subject to any rights you have under the law.

23.2 Severability. If any part of these terms is invalid or unenforceable, it is read down or severed to the extent necessary, and the rest of the terms continue to apply.

23.3 No waiver. If we do not enforce a right straight away, we can still enforce it later.

23.4 Transfer. You cannot transfer your rights or obligations under these terms. We may transfer our rights and obligations to a business that takes over the operation of Ohara, but only if your rights under these terms are not reduced. We will tell you before that happens, and you may close your account under clause 12.1 if you do not want to continue.

23.5 Events outside our control. We are not in breach of these terms if we cannot perform an obligation because of an event outside our reasonable control, as long as we tell you and do what we reasonably can to minimise the effect. This does not affect any consumer guarantee.

23.6 Notices to us. Notices to us must be sent to UNRESOLVED: SUPPORT_EMAIL or by post to UNRESOLVED: REGISTERED_ADDRESS.

24. Contact us

Version terms-1.2.0-2026-10-05. Effective 5 October 2026. Earlier versions are kept on record and are available on request.