AMAZEOLOGY TERMS & CONDITIONS
This Site is owned and operated by Brand Eternity (trading as AmazeologyAustralia) (“We”, “Us”). If you would like to contact us about anything contained on the Site then please contact us by email at firstname.lastname@example.org
These Terms and Conditions govern the contents and use of the website Amazeology found at www.amazeology.com.au (the “Site) and set out the terms and conditions on which We supply the products available on the Site (the “Products”). Please read these Terms and Conditions of Sale carefully before using the Site and before ordering any Products via the Site. By using the Site and/or ordering any of the Products you signify that you have read, understand and agree to be bound by these General Terms and Conditions.
These Terms and Conditions shall apply to all sales of the Products by Us via the Site and shall supersede any other terms or conditions contained or referred to elsewhere or implied by trade, custom, practice or course of dealing unless specifically agreed to in writing by Us. If you do not agree with these Terms and Conditions then you may not use the Site. Please note that we may modify these Terms and Conditions and thus you should review them periodically. If any modification is unacceptable to you, you shall cease using the Site. If you do not cease using the Site you will be deemed to have accepted the change.
You may not use the Site in any improper or unlawful manner or in breach of any legislation or licence that applies to you. You agree to comply with all reasonable instructions that we may give you from time to time regarding use of the Site.
• “Buyer” means the person named on the Order;
• “Contract” means the Order and Order Confirmation;
• “Faulty” means containing a fault or defect; imperfect or defective;
• “Order” means your order for a Product from the Site;
• “Order Confirmation” means an email which we will send to You once your Order and payment for the Order have been received by us;
• “Price” means the price together with postage and packing costs and any applicable taxes in force at the time of the Order, subject to any promotional offer or discount then applicable;
• “Product” means custom printed marshmallows with images from your Instagram, Facebook, computer or camera;
• “Terms and Conditions” means the standard terms and conditions of business set out in this document.
USER ACCOUNT, PASSWORD AND SECURITY
To complete your registration, you will provide an email address and a password. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. It is important for you to protect against unauthorized access to your computer. Be sure to log off when you finish using a shared computer.
You agree to (a) immediately notify Amazeology of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Amazeology cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
In using this Site, you agree to not:
- upload, download, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can’t use images of celebrities or corporate products, nor images, text, or designs that you’ve copied from a website without written permission from the owner. You cannot create a “new” image using elements from images other people have created. You cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
- upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
- use the Service to harm minors in any way, including, but not limited to, uploading Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- upload Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of children
- upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
- upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, download, post, email or otherwise transmit false or misleading information;
- disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
- access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
- disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites;
- frame the Site within another Site or webpage or link to the Site except as permitted in writing by Amazeology;
- incorporate images or names that would violate a person’s right of privacy or publicity; or
- incorporate a current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person’s name or likeness
- use a manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Service;
- transfer your Amazeology account to another party without Amazeology’s written consent;
- copy, modify or distribute rights or Content from the Site, service or tools or Amazeology ‘s copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
You acknowledge that Amazeology does not pre-screen submitted Content, but that Amazeology and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site. Upon placing your order, you acknowledge that Amazeology may review your order, and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. Amazeology does not endorse any Content submitted to the Site by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Amazeology expressly disclaims any and all liability in connection with Content. Without limiting the foregoing, Amazeology and its designees shall have the right to remove, without prior notice, any Content that violates the Agreement or is otherwise objectionable to Amazeology. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither Amazeology nor any other party involved with the production of any product incorporating such Content assumes that responsibility. Amazeology ‘s production of any product depicting your Content does not indicate that Amazeology approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.
You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
You agree that you are responsible for actions and communications undertaken under your account. Amazeology takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against Amazeology and its affiliates, contractors, agents and employees for losses, damages and injuries, which are based on or relate to communications, Content or materials on the Site. You agree to indemnify Amazeology and its affiliates from all claims and expenses, including reasonable attorney’s fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.
TRADEMARKS AND COPYRIGHTS
Amazeology’s trademarks, trade dress and product images may not be used in connection with any product or service that does not belong to Amazeology, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Amazeology. All other trademarks not owned by Amazeology that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Amazeology.
You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by Amazeology, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Site without the authorization of Amazeology or the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site, in violation of applicable copyright and other intellectual property laws.
You retain all ownership rights to your Content submitted to the Site. By submitting Content to Amazeology, you grant Amazeology a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content. Specifically, you consent to Amazeology, its licensees or a customer:
- doing any act or thing in respect of your Design, including making any modification, alteration or other change; and
- not attributing your name as author or creator of the Design.
You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, including, for example and without limitation, any API’s or other scripts (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
Subject to your compliance with the terms and conditions of this Agreement and any additional terms provided in a separate applicable agreement, Amazeology grants you a non-exclusive, non-transferable, non-sublicenseable license to use the Software solely as necessary to use this Site and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
Amazeology grants you a non-exclusive, revocable and limited license to use the Content and Amazeology’s tools, images, product photographs for the purposes of promoting the site in the condition that you provide appropriate attribution and a link to the Amazeology website. We reserve the right to terminate this license at any time.
The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to Amazeology (excluding the Content you submit) will automatically be deemed to be assigned, granted and transferred by you to Amazeology upon their submission or communication to Amazeology, and you do assign all rights therein to Amazeology and agree that the same will automatically become the property of Amazeology and that Amazeology may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose Amazeology may elect, forever.
You represent and warrant that you are the owner of the content which you submit and that the content does not infringe upon the Intellectual Property Rights (Copyrights and Trademarks) or other rights of others. You also represent that there are no outstanding disputes in connection with the intellectual property rights or other rights in the content or any parts of the content. You hereby represent and warrant to us that this agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this agreement are within your legal capacity and power; have been duly authorized by all the requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (I) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (II) the terms of any agreement, document or instrument applicable to you or binding upon you.
You agree to defend, indemnify and hold Amazeology and Amazeology’s officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) the Content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the Agreement or (e) your violation of any rights of a third party.
We warrant to you that any Product purchased from us via the Site is of satisfactory quality and reasonably fit for the purposes for which products of the same kind are commonly supplied. To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise).
Our liability for losses you suffer as a result of us breaching this Contract is strictly limited to the net purchase price of the Product you purchased (excluding taxes and delivery costs).
Nothing in these Terms and Conditions shall exclude or limit our liability for:
• death or personal injury caused by our negligence; or
• any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or
• any liability which cannot be excluded or limited under applicable law.
We shall not be liable for any loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under these Terms and Conditions by reason of any event or circumstance outside our reasonable control, including, but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
Other than as expressly provided under these terms, you agree not to reproduce, duplicate, copy, sell, resell or exploit for other commercial purposes, any portion of the Site, without Amazeology ‘s express written consent.
You agree that Amazeology, in its sole discretion, may terminate this agreement including but not limited to termination of your password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. Amazeology may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Amazeology may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that Amazeology shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account.
Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
The Site may provide, or third parties may provide, links to other websites or resources. Because Amazeology has no control of such sites and resources, you acknowledge and agree that Amazeology is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources or the policies or such sites and resources. Amazeology is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that you will not use any Product ordered from the Site in a way that would be damaging to Amazeology’s public reputation or that of its employees, board members, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product including custom postage ordered from Amazeology, in a public setting, including on the Internet, in a way which disparages Amazeology, Amazeology ‘s board members, employees, shareholders or partners, or the Australia Post Postal Service, Amazeology reserves the right to demand immediate return of the product, to furthermore pursue all recourses and remedies available under the law.
PRICE, PAYMENT AND CURRENCIES
All prices are exclusive of GST. GST is based on the final value of your order, at the current rate in force in the Australia. Prices and products may change at Amazeology’s discretion.
Payment must be made at the time of placing your Order, which is accepted by Amazeology. Payment in full will be taken at this time and the Contract will be in force. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of such third party payment provider.
You undertake that all of the details which you provide to Amazeology for the purposes of your Order and its delivery will be correct and that the chosen method of payment is Your property and that sufficient funds or credit facilities are available to cover the full cost of the Order.
RISK AND PROPERTY
Risk or damage or loss of Your Order will pass to You upon delivery to the agreed address. Notwithstanding delivery and passing of the risk in the Order, property in the Order will not pass from Us to You until We have received full payment of the Price and all other sums which are due, owing or payable by the You to Us in respect of the Order or any other Order between You and Us.
RETURNS, REFUNDS AND RIGHTS OF CANCELLATION
You shall have the right to cancel an Order only in the following circumstances:
a.) If We have failed to deliver the Order within 28 days after the date You placed the Order;
b.) In the case of Faulty product at the earliest opportunity after You have discovered that the fault or defect (provided that You shall be deemed to have inspected the Order as soon as reasonably practicable after delivery and in no case longer than 14 days after receipt).
If an Order is cancelled under the conditions in a or b above We shall be responsible for all sums paid (including initial and re-delivery charges (if any) in respect of the Order in question). Notice of wish to cancel must be made by email to email@example.com
For the avoidance of doubt, save in respect of faulty or defective Products, nothing in these Terms and Conditions shall give You rights of cancellation in regard to the Products, which, by their nature, have been made to Your specification or clearly personalised.
You must return any Order to Us in its original packaging (which You should retain for this purpose). Nothing in this clause affects your statutory rights.
Marshmallows are perishable foods and we recommend that they are consumed within the suggested time period and that you keep them in accordance with our storage instructions to ensure that they maintain their quality and taste.
Amazeology attempts to be as accurate as possible to provide a compelling user experience. There are many sellers on the Site and Amazeology does not verify the accuracy of their product descriptions. Amazeology does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free.
CORRECTION OF ERRORS AND INACCURACIES
The information and product listings on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without limitation, if the product violates any terms of this Agreement.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our partners, we reserve the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and you have been charged for the sale.
If you have already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or refund the amount in the manner in which the purchase was made by you . If we have overcharged for any product, we will issue a refund to you for the difference between what you were charged and the correct price of the relevant product.
REVIEWS, COMMENTS AND SUBMISSIONS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, photos, videos, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall 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 Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AMAZEOLOGY AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AMAZEOLOGY DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR (E) THAT THERE WILL NOT BE ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,OR (G) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY. YOU AGREE THAT AMAZEOLOGY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT AMAZEOLOGY DOES NOT CONTROL OR ENDORSE IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, AMAZEOLOGY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. YOU ACKNOWLEDGE THAT AMAZEOLOGY MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMAZEOLOGY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.
These Terms and Conditions are governed by and construed in accordance with the State of Victoria, Australia. In the event that a dispute arises from these Website Terms and Conditions, you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
Last updated 26th February 2016.