Terms

TERMS & CONDITIONS

1         In General Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices and any other rules posted on our Website (collectively, the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. If you do not agree to any change to the Terms of Service then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

AMASIA is a trademark and trading name of AMASIA Pty Ltd, a company registered in Australia. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. This Website also contains links to other websites, which are not operated by AMASIA (the "Linked Sites"). AMASIA has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

2         Privacy Policy Our privacy policy, which sets out how we will use your information, can be found at PRIVACY POLICY. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

3         Prohibitions You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence. AMASIA will report any breaches of this provision to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

4         Intellectual Property, Software and Content The intellectual property rights in all software and content made available to you on or through this Website remains the property of AMASIA or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by AMASIA and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by AMASIA or its licensors. AMASIA.com.au is a trademark belonging to AMASIA. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of AMASIA.

5         Registration  To use some of the services or features made available to you on this Website you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address shop@amasia.com.au We may also change registration requirements from time to time.

The account password you provide should be unique and kept secure, and you must notify AMASIA immediately of any breach of security or unauthorized use of your account.

AMASIA reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupts any of our services in any way. If you use multiple logins for the purpose of disrupting the community you may have action taken against all of your accounts.

6         Terms of Sale By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland Australia and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our SHIPPING notice for further information. In order to contract with AMASIA you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to Paypal. AMASIA retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of products and services may fluctuate. All prices advertised are subject to such changes.

6.1        Our Contract When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

6.2        Pricing and Availability Prices shown on this website are in AUD. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices do not include GST. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed where applicable and included in the 'Total Cost'. International orders may be subject to customs duties or taxes in their destination country so please contact your local customs authority for further details. Amasia reserves the right to change pricing at our discretion and without notice.

6.3        Payment can be made by credit card, details of which can be viewed at www.paypal.com.au AMASIA does not collect or record any credit card details you may provide when purchasing products from our Website. Credit card details are processed by Paypal who take reasonable steps to ensure a secure transaction. Further information can be viewed at www.paypal.com.au

7           Disclaimer of Liability While we make every effort, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law AMASIA and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect AMASIA's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

8           Linking to this Website You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

9           Disclaimer as to ownership of trademarks, images of personalities and third party copyright Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with AMASIA and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to AMASIA.

10         Indemnity You agree to indemnify, defend and hold harmless AMASIA, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

11         Variation AMASIA shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

12         Invalidity If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

13         Complaints We try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

14         Waiver If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

15         Governing Law and Jurisdiction These terms and conditions are to be construed in accordance with the laws of Australia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Australian courts.

16         Entire Agreement The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and AMASIA. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of AMASIA.

© 2018 AMASIA. All Rights Reserved.