Welcome to Amazonia, thank you for visiting www.amazonia.com (Site).
These Terms and Conditions tell you:
(b) the terms of sale which apply when you purchase any Products from our Site.
Please read these Terms and Conditions carefully before you:
(a) start to use our Site; and/or
(b) order any of our Products.
If you have any questions relating to the Terms, please contact [email protected] prior to purchasing through Amazonia.
1. SOME BASICS ABOUT OUR TERMS
(a) You are reading a legal document which constitute the Terms between you (the User who we refer to as "you", "your", "User" in these Terms) and us.
(b) We are Amazonia and we are the owner and operator of this Site, and provider of a range of Products on the Site. We refer to ourselves as "Amazonia", "we", "us" or "our" in these Terms.
(c) Amazonia means Amazonia (Aust) Pty Ltd ACN 134 207 364 a company incorporated under the laws of Queensland, Australia with its registered office located in Wellington Point, Queensland, Australia and any and all of its Affiliates.
(d) These Terms apply to all users of the Site, including without limitation Users who are browsers, vendors, customers, merchants, and/ or contributors of content.
(e) Any new features or tools which are added to the current store will also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
(f) Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products to you.
2. WHAT WE DO
We provide access to and maintain the Site where Users can purchase our Products.
3. ONLINE STORE TERMS
(a) By agreeing to the Terms, you represent that you are at least the age of majority in your state, territory, or region of residence and you have given us your consent to allow any of your minor dependents to use this Site.
(b) You may not use our Products for any illegal or unauthorised purpose nor may you, violate any laws in your jurisdiction (including but not limited to copyright laws).
(c) You must not transmit any worms or viruses or any code of a destructive nature.
(d) A breach or violation of any of the Terms will result in an immediate restriction of your access to the Site.
4. GENERAL CONDITIONS
(a) We reserve the right to refuse access to the Site to anyone, for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve:
(i) transmissions over various networks; and
(ii) changes to conform and adapt to technical requirements of connecting networks or devices.
(b) Credit card information is always encrypted during transfer over networks.
(c) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, Products, or any contact on the Site through which our Products are sold, without express written permission by us.
(d) The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
5. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
(a) We are not responsible if information made available on this Site is not accurate, complete or current.
(b) The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
(c) Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
(d) We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
(a) You may offer to purchase Products for the price specified on the Site.
(b) The Products are offered for sale only to persons who are entitled to enter into legally binding contracts
(c) Your offer must contain your name, email address, payment details (which may include credit card details) and any other information specified at checkout.
(d) Within no later than five business days of receipt of your offer, we will at our discretion accept or refuse your offer to purchase.
(e) We are not required to give reasons for refusing your offer to purchase.
(f) If we refuse your offer to purchase the Products for any reason, we will refund your payment, and neither you or us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.
(g) An Agreement is entered into between you and us when we accept, in writing or by electronic means, an offer from you to purchase particular Products (order) submitted through our Site.
(h) Delivery of the Products to you will be effected in the manner described in our Shipping Policy.
(i) Title in the Products does not pass to you until payment has been received by us.
(j) Risk of loss or damage to the Products passes to you upon dispatch.
(k) By making an offer to purchase Products from us, you authorise us, where we consider necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your payment card details (and with your consent storage of payment information), to authenticate your identity, to validate your payment card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
7. PAYMENTS AND PRICE
(a) We will charge you:
(i) for the Products in accordance with the price structure on the Site at the time the order is made; and
(ii) a delivery charge dependent on the address to which the Products are to be delivered, notified to you at the time you submit your offer.
(b) You acknowledge:
(i) prices quoted for the supply of Products and delivery include GST and any other taxes or duties imposed on in relation to the Products;
(ii) our price structure on the Site will vary from time to time; and
(iii) payment charges for the Products, including the delivery charge must be made when you submit your offer.
(a) Certain Products may be available exclusively online through the Site. These Products may have limited quantities and are subject to return or exchange only according to our Return Policy.
(b) We have made every effort to display as accurately as possible the colours and images of our Products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
(c) We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
(d) We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
(e) Any offer for any product made on this Site may be void at our discretion, even if the sale has been processed.
(f) We do not warrant that the quality of any Products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
(a) In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
(b) We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
(c) You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
10. OPTIONAL TOOLS
(a) We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
(b) You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
(c) We will have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
(d) We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms and Conditions.
11. THIRD-PARTY LINKS
(a) Certain Products available via our Site may include materials from third-parties.
(b) Third-party links on this Site may direct you to third-party websites that are not affiliated with us.
(c) We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, or products of third-parties.
(d) We are not liable for any harm or damages related to the purchase or use of Products, resources, or any other transactions made in connection with any third-party websites.
(e) Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
12. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
(a) If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
(b) We are under no obligation:
(i) to maintain any comments in confidence;
(ii) to pay compensation for any comments; or
(iii) to respond to any comments.
(c) We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
(d) You agree that your comments will not violate any right of any third-party, including copyright, trade mark, privacy, personality or other personal or proprietary right.
(e) You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website.
(f) You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
(g) You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
13. PERSONAL INFORMATION
14. ERRORS, INACCURACIES AND OMISSIONS
(a) Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
(b) We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
(c) We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.
15. PROHIBITED USES
(a) In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content:
(i) for any unlawful purpose;
(ii) to solicit others to perform or participate in any unlawful acts;
(iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(vi) to submit false or misleading information;
(vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet;
(viii) to collect or track the personal information of others;
(ix) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(x) for any obscene or immoral purpose; or
(xi) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
16. INTELLECTUAL PROPERTY RIGHTS
(a) The Amazonia logos are registered trade marks of Amazonia.
(b) You acknowledge that any intellectual property rights, including graphics, logos, trade marks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this Site, are owned by Amazonia, and that these remain the property of their respective owner and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in the Terms gives you a right to use any of them.
(c) Nothing contained on our Site is to be interpreted as a recommendation to use any information on this Site in a manner which infringes the intellectual property rights of any person. Amazonia makes no representations or warranties that your use of the information on this Site will not infringe such intellectual property rights.
(d) You may view this Site and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this Site or commercialise any information obtained from any part of this Site without the prior written consent of Amazonia or, in the case of third party material, from the owner of the copyright in that material.
(e) You may not modify or copy the layout or appearance of this Site nor any computer software or code contained in this Site, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this Site.
(f) If you correspond or otherwise communicate with Amazonia, you automatically grant to Amazonia an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this Site and developing your ideas and suggestions for improved products.
17. LIMITATION OF LIABILITY
(a) We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free.
(b) We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable. You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site at any time, without notice to you.
(c) You expressly agree that your use of, or inability to use, the Site is at your sole risk.
(d) The Site and all Products delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
(e) In no case will Amazonia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site or any Products procured using the Site, or for any other claim related in any way to your use of the Site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility.
(f) Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.
(g) You expressly agree that your use of any Products, recipes and FAQ’s are at your own risk. Any advice that may be provided is general in nature, and we recommend that you consult with your own medical practitioner before using any of our Products, or following our recipes and FAQ’s.
(h) If you are a Consumer, nothing in the Terms restricts, limits or modifies your rights or remedies against us for failure to comply with a statutory guarantee under the ACL.
(i) If you on-supply the Products to a person who is a Consumer:
(i) if the Products are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the amount specified in section 276A(1) of the ACL is the absolute limit of our liability to you; or
(ii) otherwise, payment of any amount required under section 274 of the ACL is the absolute limit of our liability to you, howsoever arising under or in connection with the sale, use of, storage or any other dealings with the Products by you or any third party.
(j) We will not be liable for any loss or damage you suffer by the use of the Site or a linked website; or any breakdown or interruption to the Site.
(k) You acknowledge that:
(i) prior to entering into the Terms you have been given a reasonable opportunity to examine and satisfy yourself regarding all Products which are the subject of the Terms and that prior to entering into the Terms you have availed yourself of that opportunity; and
(ii) at no time prior to entering into the Terms have you relied on our skill or judgment and that it would be unreasonable for you to do so.
(l) The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to the Terms (by virtue of any law relevant to the Terms) is excluded.
You agree to indemnify, defend and hold harmless Amazonia and our parent, subsidiaries, Affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your (or any person accessing your account or device) breach of the Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms and Conditions, such determination will not affect the validity and enforceability of any other remaining provisions.
(a) If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of the Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site (or any part thereof).
(b) The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes.
21. ENTIRE AGREEMENT
(a) The failure of us to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision.
(b) These Terms and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
22. GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of Queensland, Australia.
23. CHANGES TO TERMS
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site following the posting of any changes to these Terms constitutes acceptance of those changes.
24. CONTACT INFORMATION
Any questions about the Terms should be sent to us at:
1/A Gold Coast Highway, Miami QLD 4220
+61 1300 85 10 50
In the Terms:
ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) as amended;
Affiliate means in relation to Amazonia:
(a) a person that controls or is controlled by Amazonia; and
(b) a Related Body Corporate of Amazonia.
Agreement means any agreement for the provision of goods by us to you;
Consumer is as defined in the ACL;
Corporations Law means the Corporations Act 2001 (Cth).
GST means the Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended;
Personal Information means any personal information, as defined in the Privacy Act 1988 (Cth) as amended, provided by you including via the Site;
Products means all products made available by us for sale from the Site from time to time;
Related Body Corporate has the meaning given to that term in the Corporations Law.
Site means any and all of the websites located at http://amazonia.com, or any subsequent URL which may replace any of them; and
User(s) means a user/s of the Site either collectively or individually, as the context requires;
we/us/our means Amazonia (Aust) Pty Ltd ACN 134 207 364 and all of its Affiliates;
you/your means you as:
(a) a user of the Site; and
(b) the person acquiring Products from us.