Terms & Conditions
Terms and condition
General
Welcome to Sha’s Imports. Sha’s Imports Web site at http://www.shasimports.com.au (the "Site") is a shopping website where you can browse,
select and order products from The shas imports website. By using the Site YOU
AGREE TO BE BOUND BY ITS LEGAL NOTICES (explained below), CONDITIONS OF USE,
PRIVACY POLICY and all disclaimers and terms and conditions that appear
elsewhere on the Site.
We reserve the right to make changes to its Legal Notices and Conditions
of Use at any time. Each time you Use this Site you should visit and review the
then current Legal Notices and Conditions of Use that apply to your use of this
Site and any transactions made while on the Site. If you are dissatisfied with,
its content or Legal Notices and Conditions of Use, you agree that your sole
and exclusive remedy is to discontinue using the Site.
Tampering with the Site, misrepresenting your identity, using buying
agents or conducting fraudulent activities on the Site are prohibited.
Your access to and use of the Site, including your order of Products
through the Site, is governed by these terms and conditions and form a binding
contractual agreement between you, the user of the Site and The Sha’s Imports and
its associated entities.
By using the Site you acknowledge and agree that you have had sufficient
chance to read and understand the Terms and you agree to be bound by them. If
you do not agree to the Terms, please do not use the Site.
If a provision of these Terms are invalid or unenforceable it is to be
read down or severed to the extent necessary without affecting the validity or
enforceability of the remaining provisions
By using the Site you agree to be bound by its conditions of use, legal
notices, privacy policy and all disclaimers that appear elsewhere on the Site.
You agree to comply with all relevant laws, state or federal, relating
to your use of the Site and your placement of any order through the Site.
You agree not to use any data listed on the site for commercial purposes
e.g. through price or information scraping.
Tampering with the Site, misrepresenting the identity of a user, using
buying agents or conducting fraudulent activities on the Site are prohibited.
When you visit Sha’s Imports website the following information will be
recorded by our Internet Service Provider (ISP) for statistical purposes:
·
your server address
·
your top level domain name (eg, .com,
.gov, .au, etc)
·
the date and time of your visit to the
site
·
the pages accessed and documents
downloaded
·
the previous site visited, and
·
the type of browser used.
No attempt will be made to identify you or your browsing activities from
these records except in the unlikely event of an investigation by the ISP, or
where a law enforcement agency exercises a warrant to inspect the Internet
Service Provider's logs.
Your email
address
We will only record your email address if you send us a message seeking
further information from us, lodge an online complaint, ask to subscribe to a
mailing list or register to receive our range of marketing material or access
specific sections of our website. Your email address will only be used for the
purpose for which you have provided it unless you agree otherwise and, unless
legally required to do so, we will not disclose it without your consent. By
providing your email address when purchasing online you consent to Sha’s
Imports providing you with information about other products or services that
may be of interest to you via email, MMS, SMS, social media and telephone for
an indefinite period of time.
the resupply
of the relevant advice, service, recommendation or information; or
the payment
to you of the cost of having the relevant advice, service, recommendation or
information supplied again.
You authorise The Publisher to collect, store, disclose and share
information about you with all or any one or more of the following:
Any company trading as Sha’s
Imports; and any consultant providing services to The Publisher or to the stores ("Consultants"); for
the purpose of:
providing
marketing information to you about products and services offered by the stores;
andmonitoring the quality and standard of service provided to you or other
consumers by the stores or by the Consultants.
The Publisher may at any time revise these terms and conditions by
updating this website. By using this website you agree to be bound by all
revisions and you should therefore periodically visit this page to determine
the then current terms which govern your relationship with The Publisher.
This agreement is governed by and construed in accordance with the laws
of Victoria. You irrevocably and unconditionally submit to the non-exclusive
jurisdiction of the courts of Victoria. If any provision of this agreement is
found to be invalid or unenforceable by a court of law, such invalidity or
unenforceability will not affect the remainder of this agreement, which will
continue in full force and effect.
Our site contains cookies. A cookie is a small text file that is sent
back to your computer's hard drive from a host website. They record your
preferences in relation to your use of a site and provide us with other
information about your enquiry that allows us to recognize you in the future.
The cookies on our sites do not read the information on your hard drive. They
do not make your computer perform any actions or make your computer send
information to any other computer via the Internet.
As part of our commitment to maintaining your privacy Sha’s Imports does
not condone or encourage spam.
Spam is 'unsolicited commercial electronic messaging'. People who
purchase or subscribe to goods or services over the Internet or by email may
attract an unsolicited electronic message or advertisement.
In accordance with the Spam Act 2003, we will only send commercial
electronic messages with the addressee's expressed or inferred consent to
receive it. All requests to unsubscribe will be dealt with promptly.
This website is owned by, and content is published by Sha’s Imports ABN
14723524525 ("The Publisher"). You must not access, browse or use
this website unless you agree to be bound by the terms and conditions set out
below. If you do not agree to these terms and conditions, you must not use this
website. For an explanation of the practices and policies of The Publisher
relating to the collection, use, and storage of information of users of this
website, users should refer to the Privacy Policy and Disclosure Statement of
The Publisher set out below.
The information contained on this website is intended for general
information only and should not be considered to be complete or definitive. The
Publisher does not make any offer to sell goods or services at, by or through
this website. Information on this website may contain technical inaccuracies or
typographical errors. The Publisher accepts no responsibility regarding the
accuracy of information that is provided by The Publisher on this website and
use of such information is at your own risk. The Publisher reserves the right
to make changes at any time, without notice, to any element of the website. All
content and functionality on this website is provided "as is" and
without warranties of any kind by The Publisher, express or implied. This
website contains links to sites maintained by other organisations, and The
Publisher does not take any responsibility for the content or functionality of
those sites. You should take appropriate action to ensure that your access to,
and use of this website and other sites is protected against, and free from
viruses, worms, trojan horses and other harmful and destructive material.
All information or material sent to The Publisher will be deemed not to
be confidential. You grant The Publisher an unrestricted irrevocable licence to
use, reproduce, display, perform, modify, transmit and distribute that
information or material, for any purpose.
The Publisher will not be liable to any party for any direct, indirect,
special or other consequential damages arising out of any use of this website,
or any other hyperlinked website, and including, but without limitation, loss
of profits, interruption of business, loss of data on your information handling
system or otherwise, even if The Publisher has been expressly advised of the
possibility of such damages. The Publisher provides no representations or
warranties, express or implied, including any implied warranties of fitness for
a particular purpose, merchantability or otherwise in relation to any
information provided by The Publisher on this website.
If The Publisher breaches any term, condition or warranty which is
implied by law and cannot lawfully be excluded, the liability of The Publisher
for a breach of the applicable term, condition or warranty is limited to, at
the election of The Publisher:
the resupply
of the relevant advice, service, recommendation or information; or the payment
to you of the cost of having the relevant advice, service, recommendation or
information supplied again
You
authorise The Publisher to collect, store, disclose and share information about
you with all or any one or more of the following:
any
consultant providing services to The Publisher or to the
("Consultants"); for the purpose of:
providing marketing information to you about products and services
offered by the stores; and
monitoring the quality and standard of service provided to you or other
consumers by the stores or by the Consultants.
The Publisher may at any time revise
these terms and conditions by updating this website. By using this website you
agree to be bound by all revisions and you should therefore periodically visit
this page to determine the then current terms which govern your relationship
with The Publisher.
This agreement is governed by and
construed in accordance with the laws of Victoria. You irrevocably and
unconditionally submit to the non-exclusive jurisdiction of the courts of
Victoria. If any provision of this agreement is found to be invalid or
unenforceable by a court of law, such invalidity or unenforceability will not
affect the remainder of this agreement, which will continue in full force and
effect.
Prices and availability of products and
services are subject to change without notice. Errors will be corrected where
discovered, and We reserve the right to revoke any stated offer and to correct
any errors, inaccuracies or omissions including after an order has been
submitted and whether or not the order has been confirmed and your credit card
charged.
The Site attempts to display product
images shown on the site as accurately as possible. However, We cannot
guarantee that the colour you see matches the product colour, as the display of
the colour depends, in part, upon the monitor you are using.
You may only download Content displayed
on Our Site for non-commercial, personal use provided you also retain all
copyright, trademark and other proprietary notices contained in the material,
do not modify or alter the material and do not copy or post the material on any
network computer or broadcast the material in any media. It is strictly
prohibited to modify, transmit, distribute, reuse, repost, "frame" or
use the content of Our Site including the text, images, audio and/or video for
public or commercial purposes without written permission from Us. It is
strictly prohibited to download the images of the products for sale within this
site.
All content included on or comprising
Our Site including information, data, software, photographs, graphs, videos,
typefaces, graphics, music, sounds and other material (collectively "Content")
is protected by copyright, trademark, patent or other proprietary rights, and
these rights are valid and protected in all forms, media and technologies
existing now or developed in the future. All Content is copyrighted as a
collective work under Australian and international copyright laws which We own,
to the fullest extent allowed by such laws, the copyright in the selection,
coordination, arrangement, and enhancement of all Content.
Except as expressly authorized or
licensed, you may not copy, modify, remove, delete, augment, add to, publish,
transmit, participate in the transfer or sale, lease or rental of, create
derivative works from or in any way exploit any of the Content, in whole or in
part.
One or more trademarks are pending that
apply to this site.
Our logos and other trademarks on the
site are the property of their respective owners and are owned by, licensed to,
or, where required, used with Our permission and may not be reproduced, copied,
or manipulated in any manner without the express, written Our approval.
We appreciate any product reviews,
information or material submitted to the Website (“content submissions”). All
content submissions sent to Us will be deemed not to be confidential.
You must not use this Website to:
1. Make content submissions that breach any laws, infringe a third party’s
rights or are contrary to any relevant standards or codes, including, but not
limited to breaches of the Copyright Act 1968 (Cth);
2. Interfere with other users or prevents any other person from using or
enjoying the Site;
3. Defame, harass, threaten or offend any person
4. Make fraudulent or speculative enquiries, purchases or requests;
5. Post or transmit any obscene, indecent, inflammatory or pornographic
material or any other material that may give rise to civil or criminal
proceedings
Content contributions made to this Site
are not a guarantee of publication or application. We reserve the right to:
1. Reject, ignore or refuse any content contribution; and
2. Investigate and verify the validity of content contributions made to the
Site, including the identity, age, employer, and place of residence made of any
person making a content contribution to this Site.
By using this Site, you agree that any
information (except for purchase information), materials, suggestions, ideas or
comments you send to Us or any other third party using this Site is
non-confidential. By submitting any solicited or unsolicited information using
Our Site, you grant Us an irrevocable and unrestricted license to use, modify,
reproduce, transmit, display and distribute such materials, information,
suggestions, ideas or comments for any purpose whatsoever to the extent
permitted by law.
Notification
of Copyright Infringement Under Copyright Act
If you believe that your copyrighted
material may have been infringed, please provide Our Legal Department with the
following information in writing:
·
A physical or electronic signature of a
person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
·
Identification of the copyrighted work
claimed to have been infringed, or if multiple copyrighted works at a single
online site are covered by a single notification, a representative list of such
works at that site.
·
Identification of the material that is
claimed to be infringing or to be the subject of infringing activity and that
is to be removed or access to which is to be disabled and information
reasonably sufficient to permit the service provider to locate the material.
·
Information reasonably sufficient to permit
the service provider to contact the complaining party, such as an address,
telephone number and if available, an e-mail address at which the complaining
party may be contacted.
·
A statement that the complaining party
has a good faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law.
·
A statement that the information in the
notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
