Terms of service
OVERVIEW
Welcome to AZAY! The terms "we", "us" and "our" refer to AZAY Pty Ltd
(ACN 638 228 109, ABN 36 638 228 109), trading as AZAY. AZAY operates this store
and website, including all related information, content, features, tools,
products and services in order to provide you, the customer, with a curated
shopping experience (the "Services"). AZAY is powered by Shopify, which enables
us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein
(these "Terms of Service" or "Terms") describe your rights and responsibilities
when you use the Services.
Please read these Terms of Service carefully, as they include important
information about your legal rights.
By visiting, interacting with or using our Services, you agree to be bound by
these Terms of Service and our Privacy Policy
(https://azay.com.au/policies/privacy-policy). If you do not agree, you should
not use or access our Services.
Nothing in these Terms excludes, restricts or modifies any guarantee, right or
remedy you have under the Australian Consumer Law. See Section 2.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18
years of age, or the age of majority in your State or Territory of residence,
and that you have given us your consent to allow any of your minor dependents to
use the Services on devices you own, purchase or manage.
To use the Services, including browsing our online store or purchasing any of
the products we offer, you may be asked to provide certain information, such as
your email address, billing, payment, and shipping information. You represent
that all the information you provide is correct, current and complete and that
you have all rights necessary to provide it.
You are responsible for maintaining the security of your account credentials and
for activity on your account. You may not transfer, sell, assign, or license your
account to any other person.
SECTION 2 - YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW
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 to compensation for any other reasonably foreseeable loss or damage. You are
also entitled to have the goods repaired or replaced if they fail to be of
acceptable quality and the failure does not amount to a major failure.
These rights apply in addition to, and are not limited by, anything else in these
Terms or in our Refund Policy. Where any provision of these Terms is inconsistent
with the Australian Consumer Law, the Australian Consumer Law applies and that
provision has no effect to the extent of the inconsistency.
This section prevails over Sections 3, 6, 17, 18 and 19 and over every other part
of these Terms.
You can read more about consumer guarantees at accc.gov.au.
SECTION 3 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products
in our online store. Please note that colours or product appearance may differ
from how they appear on your screen due to your device and its settings.
Subject to Section 2, we do not warrant that the appearance of any product will
be identical to how it is depicted in our online store. This does not affect your
right to goods that are of acceptable quality, match their description, and are
fit for any purpose we told you about.
All product descriptions are subject to change at any time at our discretion. We
reserve the right to discontinue any product and to limit the quantities of any
product we offer to any person or region.
SECTION 4 - ORDERS
When you place an order, you are making an offer to purchase. AZAY may accept or
decline your order. Your order is not accepted until we confirm acceptance, and
we must receive and process your payment before your order is accepted. Please
review your order carefully before submitting, as we may be unable to accommodate
cancellation requests after an order has been dispatched.
If we do not accept, change, or cancel an order, we will contact you using the
email address or phone number provided at the time of the order, and we will
refund you in full for any amount already charged.
Your purchases are subject to return or exchange in accordance with our Refund
Policy (https://azay.com.au/policies/refund-policy) and with Section 2.
Our products are offered for personal or household use and not for commercial
resale.
SECTION 5 - PRICES AND BILLING
All prices are shown in Australian dollars (AUD) and include GST. The price shown
is the total amount payable for the product. AZAY Pty Ltd is registered for GST,
and your order confirmation email serves as your tax invoice.
Shipping within Australia is free, so no delivery charge is added at checkout.
Prices, discounts and promotions are subject to change without notice. The price
charged will be the price in effect at the time the order is placed, as set out
in your order confirmation email. We may run promotions from time to time
governed by their own terms; where those conflict with these Terms, the promotion
terms govern.
You agree to provide current, complete and accurate purchase, payment and account
information, and to keep it up to date so that we can complete your transactions
and contact you as needed.
You represent that the payment card details you provide are true and complete,
that you are authorised to use that card, and that you will pay the charges
incurred at the posted prices.
SECTION 6 - SHIPPING AND DELIVERY
We ship within Australia only.
Delivery times shown on our Shipping Policy
(https://azay.com.au/policies/shipping-policy) are estimates based on Australia
Post's published guides. They are not guarantees, and we are not responsible for
delays caused by the carrier or by events outside our control.
If your parcel is lost or damaged in transit, contact us and we will resolve it
with a replacement or a refund. You do not have to pursue the carrier yourself.
Risk of loss does not pass to you until the goods are delivered to the address
you gave us.
SECTION 7 - INTELLECTUAL PROPERTY
Our Services, including all trade marks, brands, text, displays, images,
graphics, product reviews, video and audio, and the design, selection and
arrangement thereof, are owned by AZAY, its affiliates or licensors and are
protected by Australian and international copyright, trade mark and other
intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use
only. You must not reproduce, distribute, modify, create derivative works of,
publicly display, republish, download, store or transmit any material on the
Services without our prior written consent. Except as expressly provided, nothing
in these Terms grants you a licence under any patent, trade mark, copyright or
other intellectual property of AZAY, Shopify or any third party. All rights not
expressly granted are reserved.
AZAY's name, logo, product names, designs and slogans are trade marks of AZAY.
You must not use them without our prior written permission. Shopify's name, logo
and marks are trade marks of Shopify. All other marks on the Services belong to
their respective owners.
SECTION 8 - OPTIONAL TOOLS
You may be given access to tools offered by third parties as part of the
Services, which we neither monitor nor control.
Subject to Section 2, we provide access to such tools "as is" and "as available"
without warranties of any kind and without endorsement. Your use of any optional
third-party tool is at your own risk, and you should make sure you are familiar
with the terms on which that third party provides it.
We may offer new features through the Services in future. They will also form
part of the Services and be subject to these Terms.
SECTION 9 - THIRD-PARTY LINKS
The Services may contain materials and links to websites operated by third
parties. We are not responsible for examining or evaluating the content or
accuracy of third-party materials or websites. If you leave the Services to
access them, you do so at your own risk.
Subject to Section 2, we are not liable for any harm related to your access of
third-party websites, or your purchase or use of products or services on them.
Please review the third party's policies before you transact with them.
Complaints about third-party products and services should be directed to that
third party.
SECTION 10 - RELATIONSHIP WITH SHOPIFY
AZAY is powered by Shopify, which enables us to provide the Services to you.
However, any sales and purchases you make in our store are made directly with
AZAY. By using the Services, you acknowledge and agree that Shopify is not
responsible for any aspect of any sales between you and AZAY, including any
injury, damage, or loss resulting from purchased products and services. You
hereby expressly release Shopify and its affiliates from all claims, damages, and
liabilities arising from or related to your purchases and transactions with AZAY.
Nothing in this section limits your rights against AZAY under the Australian
Consumer Law.
SECTION 11 - PRIVACY POLICY
All personal information we collect through the Services is subject to our
Privacy Policy (https://azay.com.au/policies/privacy-policy), and certain
personal information may be subject to Shopify's Privacy Policy. By using the
Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes
personal information about your access to and use of the Services in order to
provide and improve the Services. Information you submit will be transmitted to
and shared with Shopify as well as third parties that may be located in countries
other than where you reside. Review our Privacy Policy for more detail.
SECTION 12 - FEEDBACK
If you submit any ideas, suggestions, feedback, reviews or other content
("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free
licence to use, reproduce, modify, publish, distribute and display that Feedback
in any medium for any purpose, including commercial use, such as to operate,
evaluate, improve and promote the Services.
You represent that you own or have all necessary rights to your Feedback, that
you have disclosed any compensation or incentive received in connection with it,
and that it complies with these Terms. We are under no obligation to keep
Feedback confidential, to pay for it, or to respond to it.
We may, but need not, monitor, edit or remove Feedback we consider unlawful,
offensive, threatening, defamatory, obscene or otherwise objectionable, or that
infringes anyone's rights.
Your Feedback must not infringe any third party's rights, must not be unlawful,
abusive or obscene, and must not contain malware. You may not use a false email
address or misrepresent who you are. You are responsible for your Feedback and
its accuracy.
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in the Services containing typographical
errors, inaccuracies or omissions relating to product descriptions, pricing,
promotions, shipping charges, transit times or availability. We reserve the right
to correct any such error and to change or update information, or cancel an
order, if the information is inaccurate, at any time without prior notice,
including after you have submitted your order.
If we cancel an order for this reason, we will tell you and refund you in full.
SECTION 14 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the
Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b)
to violate any law, regulation or ordinance; (c) to infringe our intellectual
property rights or those of others; (d) to harass, abuse, insult, harm, defame,
disparage or intimidate any person; (e) to transmit false or misleading
information; (f) to send, receive, upload, download or re-use any material that
does not comply with these Terms; (g) to transmit any unsolicited advertising,
junk mail, chain letters or spam; (h) to impersonate any other person or entity;
or (i) to engage in any conduct that restricts anyone's use of the Services or
that may harm AZAY, Shopify or users of the Services.
You also agree not to: (a) upload or transmit viruses or malicious code; (b)
reproduce, duplicate, copy, sell, resell or exploit any portion of the Services;
(c) collect or track the personal information of others; (d) spam, phish, pharm
or pretext the Services; (e) use any robot, spider, scraper, data extraction tool
or automated process to access the Services; or (f) interfere with, bypass or
circumvent our security measures or robot exclusion headers.
We may suspend, disable or terminate your account if we determine that you have
breached this section.
SECTION 15 - AGENTS
15.1 This section applies if you use, allow, enable, or cause the deployment of
an Agent to access, use, or interact with any Services. "Agent" means any
software or service that takes autonomous or semi-autonomous action on behalf of,
or at the instruction of, any person or entity and that can be executed on behalf
of or using a person's device, without direct supervision.
15.2 No Agent may access, use, or interact with the Services unless it identifies
itself and operates in accordance with 15.4. No Agent may access the Services if
we have asked it to refrain from doing so.
15.3 We may limit, including by technical measures, whether and how any Agent
accesses, uses, and interacts with the Services.
15.4 Agents must: (i) identify in all HTTP/HTTPS requests that the request is
from an Agent, by including "Agent/[agent name]" in the user agent string; (ii)
not conceal that interactions are from an Agent, including by mimicking human
behaviour or by completing or circumventing CAPTCHAs; (iii) respond truthfully to
any question seeking to determine whether interactions come from a human or a
computer; and (iv) not circumvent any measure intended to control how Agents
access the Services.
SECTION 16 - TERMINATION
We may terminate this agreement or your access to the Services at any time, and
you will remain liable for all amounts due up to and including the date of
termination. Termination does not affect any order we have already accepted, or
any right you have under the Australian Consumer Law in respect of goods already
supplied.
The following sections survive termination: Australian Consumer Law,
Intellectual Property, Feedback, Termination, Disclaimer of Warranties,
Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement,
Assignment, Governing Law, Privacy Policy, and any other provision that by its
nature should survive.
SECTION 17 - DISCLAIMER OF WARRANTIES
This section is subject to Section 2 and does not exclude, restrict or modify any
consumer guarantee under the Australian Consumer Law.
The information presented through the Services is made available for general
information purposes. Subject to Section 2, we do not warrant the accuracy,
completeness or usefulness of this information, and any reliance you place on it
is at your own risk.
Subject to Section 2, and to the extent permitted by law, the Services are
provided "as is" and "as available" without representations, warranties or
conditions of any kind other than those that cannot lawfully be excluded. We do
not guarantee that your use of the Services will be uninterrupted, timely, secure
or error-free.
SECTION 18 - LIMITATION OF LIABILITY
This section is subject to Section 2 and does not exclude, restrict or modify any
consumer guarantee under the Australian Consumer Law.
Where goods or services we supply are not of a kind ordinarily acquired for
personal, domestic or household use, our liability for a failure to comply with a
consumer guarantee is limited, at our election, to replacing the goods, supplying
equivalent goods, repairing the goods, or paying the cost of doing so.
Subject to the above, and to the fullest extent permitted by law, AZAY and its
directors, officers, employees, affiliates, agents, contractors, service
providers and licensors, and those of Shopify and its affiliates, will not be
liable for any indirect, incidental, punitive, special or consequential loss,
including lost profits, lost revenue, lost savings or loss of data, arising from
your use of the Services or any product purchased through them.
Nothing in these Terms limits our liability for death or personal injury caused
by our negligence, for fraud, or for any other liability that cannot lawfully be
limited.
SECTION 19 - INDEMNIFICATION
You agree to indemnify and hold harmless AZAY, Shopify, and our affiliates,
officers, directors, employees, agents, contractors, licensors and service
providers from any losses, damages, liabilities or claims, including reasonable
legal fees, payable to any third party arising out of (1) your breach of these
Terms, (2) your violation of any law or the rights of a third party, or (3) your
access to and use of the Services.
This indemnity does not apply to the extent the loss or claim is caused by our
own breach, negligence or wrongful act, and does not apply to any liability we
have to you under the Australian Consumer Law.
We will notify you of any indemnifiable claim. We may control the defence and
settlement of such a claim, but will not settle any claim requiring non-monetary
obligations from you without your consent, which will not be unreasonably
withheld. You will cooperate in the defence of indemnified claims.
SECTION 20 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or
unenforceable, that provision is nonetheless enforceable to the fullest extent
permitted by law, and the unenforceable portion is severed. This does not affect
the validity of the remaining provisions.
SECTION 21 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms does not
constitute a waiver of that right or provision.
These Terms, together with any policies posted on this site, constitute the
entire agreement between you and us and govern your use of the Services,
superseding any prior agreements, communications and proposals, whether oral or
written, including any prior version of these Terms.
Any ambiguity in these Terms will not be construed against the drafting party.
SECTION 22 - ASSIGNMENT
You may not delegate, transfer or assign these Terms or any of your rights or
obligations under them without our prior written consent, and any such attempt is
void. We may transfer or assign these Terms and our rights and obligations
without your consent.
SECTION 23 - GOVERNING LAW
These Terms of Service and any separate agreements under which we provide you
Services are governed by the laws of the State of Victoria, Australia. You and
AZAY submit to the non-exclusive jurisdiction of the courts of Victoria and the
courts of appeal from them.
Nothing in this section prevents you from bringing a claim in any other forum
available to you under Australian consumer protection law.
SECTION 24 - HEADINGS
The headings in this agreement are for convenience only and do not limit or
otherwise affect these Terms.
SECTION 25 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on
this page.
We reserve the right to update, change or replace any part of these Terms by
posting updates to our website. It is your responsibility to check periodically
for changes. We will notify you of any material changes in accordance with
applicable law. Your continued use of the Services following the posting of
changes constitutes acceptance of those changes. Changes do not apply
retrospectively to orders we have already accepted.
SECTION 26 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to sales@azay.com.au.
Our contact details are:
AZAY Pty Ltd
ACN 638 228 109
ABN 36 638 228 109
28 Cultivation Circuit
Clyde VIC 3978
Australia
sales@azay.com.au