Terms of service

OVERVIEW

Welcome to Avacard (“Avacard”, “we”, “us”, “our”). Avacard operates this online store and website, including all related information, content, features, tools, products and services (collectively, the “Services”).

Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”) together with any policies referred to in them (including our Privacy Policy and Refund Policy) describe your rights and responsibilities when you use the Services.

Please read these Terms carefully, as they include important information about your legal rights and obligations, including warranty disclaimers and limitations of liability.

By visiting, accessing, browsing or using the Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree to these Terms or our Privacy Policy, you must not use or access the Services.

SECTION 1 – ACCESS AND ACCOUNT

By using the Services, you represent that:

you are at least the age of majority in your state or territory of residence; and
you consent to any minor dependants using the Services on devices you own, purchase or manage.

To use certain parts of the Services, including making a purchase, you may be asked to provide information such as your name, email address, billing and shipping details, and payment information. You warrant that all information you provide is true, current, and complete, and that you have the right to provide it.

You are solely responsible for maintaining the confidentiality and security of any account credentials and for all activity that occurs under your account. You must not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We make every reasonable effort to display our products and services accurately in our online store. However:

colours and appearance may vary due to your device, screen, and settings; and
slight differences may occur between the images you see and the physical products you receive.

We do not warrant that any product or service will meet your expectations or appear exactly as displayed.

All product descriptions, pricing and availability are subject to change at any time without notice, at our sole discretion. We may discontinue any product at any time and may limit quantities offered to any person, household, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase products from Avacard. We reserve the right to accept or decline any order at our discretion. An order is not accepted until we confirm it and have received and processed full payment.

Please review your order carefully before submitting it. We may not be able to accommodate cancellation or change requests once an order has been accepted and processed. If we do not accept, modify or cancel an order, we will attempt to notify you via the email address, billing address and/or phone number provided with your order.

Your purchases are subject to our Refund Policy [LINK], which forms part of these Terms.

You represent and warrant that your purchases are for personal or household use only and are not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions may change at any time without notice. The price charged will be the price in effect at the time you place your order, as shown in your order confirmation.

Unless expressly stated otherwise, prices:

are shown in [CURRENCY – e.g. AUD]; and
do not include taxes, shipping, handling, customs or import charges, which may be added at checkout.

Prices in our online store may differ from prices offered in physical stores or in other online stores operated by third parties.

From time to time we may run promotions or special offers. Any such promotions will be subject to separate terms and conditions. If there is a conflict between the promotion terms and these Terms, the promotion terms will apply for that promotion.

You agree to provide current, complete and accurate purchase, payment and account information for all orders, and to promptly update this information (including email address, billing details and credit card details) so that we can process your transactions and contact you as needed.

You represent and warrant that:

the payment information you provide is true, correct and complete;
you are duly authorised to use the selected payment method;
charges incurred by you will be honoured by your payment provider; and
you will pay all charges incurred by you at the posted prices, including any shipping, handling and applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

All delivery times provided are estimates only and are not guaranteed. We are not liable for any delays caused by shipping carriers, customs, incorrect or incomplete delivery information, or events beyond our reasonable control.

Title and risk of loss pass to you when we deliver the products to the carrier. Once an order has been handed over to the carrier, we are not responsible for loss, damage or delay.

Your rights in respect of lost, delayed or damaged items may be subject to the carrier’s terms and any applicable consumer protection laws.

SECTION 6 – INTELLECTUAL PROPERTY

The Services, including all trademarks, brands, text, images, graphics, logos, icons, product reviews, audio, video, and the design, selection and arrangement of such content, are owned by Avacard, its affiliates or licensors and are protected by applicable copyright, trademark and other intellectual property laws.

You may use the Services for your personal, non-commercial use only. You must not, without our prior written consent:

reproduce, distribute, modify, adapt, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services; or
use any part of the Services for commercial purposes.

Except as expressly set out in these Terms, nothing in the Services or these Terms grants you any licence or right in or to any intellectual property of Avacard, Shopify or any third party. All rights not expressly granted are reserved.

“Avacard” and all related names, logos, product and service names, designs and slogans are trademarks of Avacard or its affiliates or licensors. You must not use such trademarks without our prior written permission. Shopify’s names, logos, and related marks are trademarks of Shopify. Other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to tools or features operated by third parties. We do not monitor, control or have any input into these tools.

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
we are not liable for any loss, damage or liability arising from or relating to your use of optional third-party tools.

Your use of any optional tools offered through the Services is entirely at your own risk and discretion. You should review and agree to the terms and policies of the relevant third-party provider(s) before using their tools.

We may, in the future, offer new features or services (including new tools and resources). These will also form part of the Services and will be subject to these Terms unless stated otherwise.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials from, or links to websites and services provided by, third parties (including embedded third-party functionality). We do not control and are not responsible for the content, accuracy, policies or practices of any third-party materials or websites.

If you choose to access any third-party websites or services, you do so at your own risk. We are not liable for any loss or damage arising from your use of any third-party websites, products, services, resources or content.

Please review the third party’s own terms, conditions and policies before engaging in any transaction. Any complaints, claims or questions regarding third-party products or services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

NOTE TO MERCHANT: This section accurately characterises Shopify’s relationship with your store and should not be removed or modified.

Avacard is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Avacard.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Avacard, including any injury, damage or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Avacard.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here: [LINK TO SHOPIFY PRIVACY POLICY].

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information about your access to and use of the Services in order to operate and improve the platform. Information you submit via the Services may be transmitted to and stored by Shopify and other service providers, including in countries other than your country of residence.

Please review our Privacy Policy [LINK] for more detail on how we, Shopify and our partners handle your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email or otherwise send any ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”) to us, you grant Avacard a perpetual, worldwide, royalty-free, sublicensable licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.

You represent and warrant that:

you own or have the necessary rights to the Feedback;
you have disclosed any compensation or incentives received in connection with the Feedback; and
your Feedback complies with these Terms and all applicable laws.

We are under no obligation to:

maintain any Feedback in confidence;
pay compensation for any Feedback; or
respond to any Feedback.

We may, but are not required to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.

You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality or other proprietary rights, and will not contain any libellous, abusive, obscene or otherwise unlawful material, or any virus or malware.

You must not use a false email address or mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

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 Services is inaccurate at any time, without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms. You must not use the Services:

for any unlawful, malicious or fraudulent purpose;
in violation of any applicable law or regulation;
to infringe our intellectual property rights or those of others;
to harass, abuse, insult, harm, defame, slander, intimidate or discriminate against any person;
to transmit false or misleading information;
to upload, post or transmit any material that does not comply with these Terms;
to send any unsolicited or unauthorised advertising or promotional material (including spam, chain letters or junk mail);
to impersonate any person or entity; or
to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which we determine may harm Avacard, Shopify or users of the Services or expose them to liability.

You also agree not to:

upload or transmit any virus, malware or other malicious code;
reproduce, duplicate, copy, sell, resell or exploit any part of the Services;
collect or track the personal information of others;
spam, phish, pharm, pretext, spider, crawl or scrape the Services; or
interfere with or circumvent any security or access-control features of the Services or related websites.

We may suspend, disable or terminate your access to the Services at any time, without notice, if we believe you have violated any part of these Terms.

SECTION 14 – TERMINATION

We may terminate or suspend your access to the Services (in whole or in part) at any time, in our sole discretion and without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections will survive termination and continue in effect: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information on the Services is provided for general information only. We do not warrant the accuracy, completeness or usefulness of this information, and any reliance you place on it is at your own risk.

Except as expressly stated by Avacard, the Services and all products provided through the Services are provided “as is”and “as available”, without any representations, warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow limitations on implied warranties; in such cases, some of the above limitations may not apply to you and your rights may vary.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event will Avacard, our directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or Shopify and its affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenue, savings, data, goodwill or replacement costs, arising out of or in connection with:

your use of, or inability to use, the Services;
any products purchased through the Services; or
any content errors or omissions,

even if we have been advised of the possibility of such damages.

To the extent permitted by law, our total aggregate liability to you for any claim arising out of or related to the Services or these Terms is limited to the amount you paid to us for the product or service giving rise to the claim.

Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies that cannot be excluded under applicable consumer law.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Avacard, Shopify and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities, costs or expenses (including reasonable legal fees) arising out of or in connection with:

your breach of these Terms or any related policies;
your violation of any law or third-party rights; or
your access to or use of the Services.

We will notify you of any claim subject to indemnification, although our failure to do so promptly will not relieve you of your obligations except to the extent you are materially prejudiced. We may assume the defence and control of any matter subject to indemnification at your expense and you agree to cooperate with us in defending such claims.

SECTION 18 – SEVERABILITY

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the unenforceable portion will be deemed severed from these Terms. This will not affect the validity or enforceability of any remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Any failure by us to enforce any right or provision of these Terms will not be a waiver of that right or provision.

These Terms, together with any policies or rules posted on our website in relation to the Services (including our Privacy Policy and Refund Policy), constitute the entire agreement between you and Avacard and supersede any prior or contemporaneous agreements or communications, whether oral or written.

Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

You may not assign, transfer or delegate these Terms or any of your rights or obligations under them without our prior written consent, and any attempted assignment without consent is void.

We may assign, transfer or delegate these Terms and our rights and obligations at any time without notice to you.

SECTION 21 – GOVERNING LAW

These Terms and any dispute or claim arising out of or in connection with them or the Services are governed by the laws of the jurisdiction in which Avacard is headquartered, and you and Avacard submit to the non-exclusive jurisdiction of the courts of that jurisdiction.

SECTION 22 – HEADINGS

Section headings are for convenience only and do not affect the interpretation of these Terms.

SECTION 23 – CHANGES TO THESE TERMS

You can review the most current version of these Terms at any time on this page.

We may update or change these Terms from time to time by posting the revised version on our website. Where required by law, we will notify you of material changes (for example, by email or notice on the website). The updated Terms will take effect on the date specified in the notice or, if no date is specified, when they are posted.

Your continued use of the Services after the updated Terms take effect constitutes your acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms should be sent to:
Email: info@avacard.com.au

Our business registration details and address are disclosed on our website.

If you wish to speak to us, please contact the Avacard customer care team on:
Phone: +61 401 261 719