WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
1.1. Welcome to azistudio.com.au (the ‘Website’). The Website provides you with an
opportunity to browse and purchase various products that have been listed for
sale through the Website (the ‘Products’). The Website provides this service
by way of granting you access to the content on the Website (the ‘Purchase
Services’).
1.2. The Website is operated by AZI STUDIO . Access to and use of the Website, or
any of its associated Products or Services, is provided by AZI STUDIO. Please
read these terms and conditions (the ‘Terms’) carefully. By using, browsing
and/or reading the Website, this signifies that you have read, understood and
agree to be bound by the Terms. If you do not agree with the Terms, you must
cease usage of the Website, or any of Services, immediately.
1.3. AZI STUDIO reserves the right to review and change any of the Terms by
updating this page at its sole discretion. When AZI STUDIO updates the Terms,
it will use reasonable endeavours to provide you with notice of updates to the
Terms. Any changes to the Terms take immediate effect from the date of their
publication. Before you continue, we recommend you keep a copy of the Terms
for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by
clicking to accept or agree to the Terms where this option is made available to you by
AZI STUDIO in the user interface.
3. Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you must first register as a user of
the Website. As part of the registration process, or as part of your continued
use of the Purchase Services, you may be required to provide personal
information about yourself (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Mailing address
(d) Telephone number
(e) Password
3.2. You warrant that any information you give to AZI STUDIO in the course of
completing the registration process will always be accurate, correct and up to
date.
3.3. Once you have completed the registration process, you will be a registered
member of the Website (‘Member’) and agree to be bound by the Terms. As a
Member you will be granted immediate access to the Purchase Services.
3.4. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with AZI STUDIO; or
(b) you are a person barred from receiving the Purchase Services under the
laws of Australia or other countries including the country in which you are
resident or from which you use the Purchase Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other
person may result in the immediate cancellation of the Purchase Services;
(d) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify AZI STUDIO
of any unauthorised use of your password or email address or any breach
of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for
the sole use of the Website by you for the purposes of AZI STUDIO
providing the Purchase Services;
(f) you will not use the Purchase Services or Website for any illegal and/or
unauthorised use which includes collecting email addresses of Members
by electronic or other means for the purpose of sending unsolicited email
or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms
of solicitation may be removed from the Website without notice and may
result in termination of the Purchase Services. Appropriate legal action will
be taken by AZI STUDIO for any illegal or unauthorised use of the
Website; and
(h) you acknowledge and agree that any automated use of the Website or its
Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
5.1. In using the Purchase Services to purchase the Product through the Website,
you will agree to the payment of the purchase price listed on the Website for
the Product (the ‘Purchase Price’).
5.2. Payment of the Purchase Price may be made through Paypal (the ‘Payment
Gateway Provider’)
In using the Purchase Services, you warrant that you have familiarised yourself
with, and agree to be bound by, the applicable Terms and Conditions of Use,
Privacy Policy and other relevant legal documentation provided by the Payment
Gateway Providers.
5.3. Following payment of the Purchase Price being confirmed by AZI STUDIO, you
will be issued with a receipt to confirm that the payment has been received and
AZI STUDIO may record your purchase details for future use.
5.4. AZI STUDIO may, at their sole discretion, provide a refund on the return of the
Products within 15 days where the Product packaging is unopened and
remains in a saleable condition. You acknowledge and agree that you are liable
for any postage and shipping costs associated with any refund pursuant to this
clause.
6. Warranty
6.1. AZI STUDIO’s Products come with guarantees that cannot be excluded under
the Australian Consumer Law. You are entitled to a replacement or refund for a
major failure of the Product. You are also entitled to have the Products repaired
or replaced if the Products fail to be of acceptable quality and the failure does
not amount to a major failure (the ‘Warranty’).
6.2. You may make a claim under this clause (the ‘ Warranty Claim ‘) for material
defects and workmanship in the Products within 1-12 months from the date of
purchase (the ‘ Warranty Period’).
6.3. In order to make a Warranty Claim during the Warranty Period, you must
provide proof of purchase to AZI STUDIO showing the date of purchase of the
Products, provide a description of the Products and the price paid for the
Products by sending written notice to AZI STUDIO at Purchase st, Sydney, New
South Wales, 2150 or by email at info@azistudio.com.au.
6.4. Where the Warranty Claim is accepted then AZI STUDIO will, at its sole
discretion, either repair or replace any defective Products or part thereof with a
new or remanufactured equivalent during the Warranty Period at no charge to
you for parts or labour. You acknowledge and agree that you will be solely
liable for any postage or shipping costs incurred in facilitating the Warranty
Claim.
6.5. The Warranty shall be the sole and exclusive warranty granted by AZI STUDIO
and shall be the sole and exclusive remedy available to you in addition to other
rights and under a law in relation to the Products to which this warranty relates.
6.6. All implied warranties including the warranties of merchantability and fitness for
use are limited to the Warranty Period.
6.7. The Warranty does not apply to any appearance of the supplied Products nor
to the additional excluded items set forth below nor to any supplied Products
where the exterior of which has been damaged or defaced, which has been
subjected to misuse, abnormal service or handling, or which has been altered
or modified in design or construction.
7. Delivery
7.1. You acknowledge that the Purchase Services offered by AZI STUDIO integrate
delivery (the ‘ Delivery Services’) through the use of third party delivery
companies (the ‘ Delivery Service Providers’).
7.2. In providing the Purchase Services, AZI STUDIO may provide you with a
variety of delivery and insurance options offered as part of the Delivery
Services by the Delivery Service Providers. You acknowledge and agree that
AZI STUDIO is not the provider of these delivery and insurance options and
merely facilitates your interaction with the Delivery Service Providers in respect
to providing the Delivery Services.
7.3. In the event that an item is lost or damaged in the course of the Delivery
Services, AZI STUDIO
(a) contact the Delivery Service Provider directly to request a refund or to
claim on any insurance options available; and
(b) contact us by sending an email to …… outlining in what way the Products
were damaged in transit so we are able to determine if the Delivery
Service Provider should be removed from the Purchase Services.
8. Copyright and Intellectual Property
8.1. The Website, the Purchase Services and all of the related products of AZI
STUDIO are subject to copyright. The material on the Website is protected by
copyright under the laws of Australia and through international treaties. Unless
otherwise indicated, all rights (including copyright) in the site content and
compilation of the website (including text, graphics, logos, button icons, video
images, audio clips and software) (the ‘Content’) are owned or controlled for
these purposes, and are reserved by AZI STUDIO or its contributors.
8.2. AZI STUDIO retains all rights, title and interest in and to the Website and all
related content. Nothing you do on or in relation to the Website will transfer to
you:
(a) the business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright of AZI STUDIO; or
(b) the right to use or exploit a business name, trading name, domain name,
trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a system or process).
8.3. You may not, without the prior written permission of AZI STUDIO and the
permission of any other relevant rights owners: broadcast, republish, up-load to
a third party, transmit, post, distribute, show or play in public, adapt or change
in any way the Content or third party contact for any purpose. This prohibition
does not extend to materials on the Website, which are freely available for reuse
or are in the public domain.
9. Privacy
AZI STUDIO takes your privacy seriously and any information provided through your use
of the Application and/or the Purchase Services are subject to AZI STUDIO’s Privacy
Policy, which is available on the Application.
10. General Disclaimer
10.1. You acknowledge that AZI STUDIO does not make any terms, guarantees,
warranties, representations or conditions whatsoever regarding the Products
other than provided for pursuant to these Terms.
10.2. AZI STUDIO will make every effort to ensure a Product is accurately depicted
on the Website, however, you acknowledge that sizes, colours and packaging
may differ from what is displayed on the Website.
10.3. Nothing in these Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the
Australian Consumer Law (or any liability under them) which by law may not be
limited or excluded.
10.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in these Terms are excluded; and
(b) AZI STUDIO we will not be liable for any special, indirect or consequential
loss or damage (unless such loss or damage is reasonably foreseeable
resulting from our failure to meet an applicable Consumer Guarantee),
loss of profit or opportunity, or damage to goodwill arising out of or in
connection with the Purchase Services or these Terms (including as a
result of not being able to use the Purchase Services or the late supply of
the Purchase Services), whether at common law, under contract, tort
(including negligence), in equity, pursuant to statute or otherwise.
10.5. Use of the Website, the Purchase Services, and any of the products of AZI
STUDIO (including the Delivery Services), is at your own risk. Everything on
Website, the Purchase Services, and the Products of AZI STUDIO, are
provided to you on an “as is” and “as available” basis, without warranty or
condition of any kind. None of the affiliates, directors, officers, employees,
agents, contributors, third party content providers or licensors of AZI STUDIO
(including any third party where the Delivery Services are made available to
you) make any express or implied representation or warranty about its Content
or any products or Purchase Services (including the products or Purchase
Services of AZI STUDIO) referred to on the Website. This includes (but is not
restricted to) loss or damage you might suffer as a result of any of the
following:
(a) failure of performance, error, omission, interruption, deletion, defect,
failure to correct defects, delay in operation or transmission, computer
virus or other harmful component, loss of data, communication line failure,
unlawful third party conduct, or theft, destruction, alteration or
unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the
Purchase Service, or any of its Content related products (including third
party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services
or any of the Products;
(d) the Content or operation in respect to links which are provided for the
User’s convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce
transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties
or publication of any materials relating to or constituting such conduct.
11. Limitation of Liability
11.1. AZI STUDIO’s total liability arising out of or in connection with the Purchase
Services or these Terms, however arising, including under contract, tort
(including negligence), in equity, under statute or otherwise, will not exceed the
most recent Purchase Price paid by you under these Terms or where you have
not paid the Purchase, then the total liability of AZI STUDIO is the resupply of
information or Purchase Services to you.
11.2. You expressly understand and agree that AZI STUDIO, its affiliates,
employees, agents, contributors, third party content providers and licensors
shall not be liable to you for any direct, indirect, incidental, special
consequential or exemplary damages which may be incurred by you, however
caused and under any theory of liability. This shall include, but is not limited to,
any loss of profit (whether incurred directly or indirectly), any loss of goodwill or
business reputation and any other intangible loss.
11.3. AZI STUDIO is not responsible or liable in any manner for any site content
(including the Content and Third Party Content) posted on the Website or in
connection with the Purchase Services, whether posted or caused by users of
the website of AZI STUDIO, by third parties or by any of the Purchase Services
offered by AZI STUDIO.
11.4. You acknowledge that AZI STUDIO does not provide the Delivery Services to
you and you agree that AZI STUDIO will not be liable to you for any special,
indirect or consequential loss or damage, loss of profit or opportunity, or
damage to goodwill arising out of or in connection with the Delivery Services.
12. Termination of Contract
12.1. The Terms will continue to apply until terminated by either you or by AZI
STUDIO as set out below.
12.2. If you want to terminate the Terms, you may do so by:
Your notice should be sent, in writing, to AZI STUDIO via the ‘Contact Us’ link
on our homepage.
(a) notifying AZI STUDIO at any time; and
(b) closing your accounts for all of the Purchase Services which you use,
where AZI STUDIO has made this option available to you.
12.3. AZI STUDIO may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any
provision;
(b) AZI STUDIO is required to do so by law;
(c) the partner with whom AZI STUDIO offered the Purchase Services to you
has terminated its relationship with AZI STUDIO or ceased to offer the
Purchase Services to you;
(d) AZI STUDIO is transitioning to no longer providing the Purchase Services
to Users in the country in which you are resident or from which you use
the service; or
(e) the provision of the Purchase Services to you by AZI STUDIO is, in the
opinion of AZI STUDIO, no longer commercially viable.
12.4. Subject to local applicable laws, AZI STUDIO reserves the right to discontinue
or cancel your membership to the Website at any time and may suspend or
deny, in its sole discretion, your access to all or any portion of the Website or
the Purchase Services without notice if you breach any provision of the Terms
or any applicable law or if your conduct impacts AZI STUDIO’s name or
reputation or violates the rights of those of another party.
12.5. When the Terms come to an end, all of the legal rights, obligations and
liabilities that you and AZI STUDIO have benefited from, been subject to (or
which have accrued over time whilst the Terms have been in force) or which
are expressed to continue indefinitely, shall be unaffected by this cessation,
and the provisions of this clause shall continue to apply to such rights,
obligations and liabilities indefinitely.
13. Indemnity
13.1. You agree to indemnify AZI STUDIO, its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered
or arising out of or in connection with any Content you post through the
Website;
(b) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so and any breach by you or your agents
of these Terms; and/or
(c) any breach of the Terms.
14. Dispute Resolution
14.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not
commence any Tribunal or Court proceedings in relation to the dispute, unless
the following clauses have been complied with (except where urgent
interlocutory relief is sought).
14.2. Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the
Terms, must give written notice to the other party detailing the nature of the
dispute, the desired outcome and the action required to settle the Dispute.
14.3. Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
(‘Parties’) must:
(a) Within 7 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may
mutually agree;
(b) If for any reason whatsoever, 7 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the Fairtrading or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting
the foregoing undertake to pay any amounts requested by the mediator as
a pre-condition to the mediation commencing. The Parties must each pay
their own costs associated with the mediation;
(d) The mediation will be held in NSW, Australia.
14.4. Confidential
All communications concerning negotiations made by the Parties arising out of
and in connection with this dispute resolution clause are confidential and to the
extent possible, must be treated as “without prejudice” negotiations for the
purpose of applicable laws of evidence.
14.5. Termination of Mediation:
If 1 month have elapsed after the start of a mediation of the Dispute and the
Dispute has not been resolved, either Party may ask the mediator to terminate
the mediation and the mediator must do so.
15. Venue and Jurisdiction
The Purchase Services offered by AZI STUDIO is intended to be viewed by residents of
Australia. In the event of any dispute arising out of or in relation to the Website, you
agree that the exclusive venue for resolving any dispute shall be in the courts of New
South Wales, Australia.
16. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way relating
to the Terms and the rights created hereby shall be governed, interpreted and construed
by, under and pursuant to the laws of New South Wales, Australia, without reference to
conflict of law principles, notwithstanding mandatory rules. The validity of this governing
law clause is not contested. The Terms shall be binding to the benefit of the parties
hereto and their successors and assigns.
17. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent legal
advice and declare the Terms are not against public policy on the grounds of inequality
or bargaining power or general grounds of restraint of trade.
18. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.