Terms and Conditions
1. Acceptance of the Terms
1.1 www.ayeaye.com.au (the ‘Website’) is operated by Aye Aye Pty Ltd (ACN 618 651 111). Access to and use of the content on the Website (the ‘Purchase Service’), or any of the products listed for sale on the Website (the ‘Products’), are provided by Aye Aye Pty Ltd.
1.2 By accessing and using the Website, this signifies that you have read, understood and agree to be bound by the terms and conditions (the “Terms”); as well as complying with any relevant lawfulness through your access, use of the site, product orders and purchase.
1.3 If you do not agree with the Terms, you must cease usage of the Website or any of the Purchase Services immediately.
1.4 Throughout the Terms any reference made to ‘our, we or us’ refers to Aye Aye Pty Ltd. Any references made to ‘you or your’ refers to the site visitor or customer.
2. Updates of the Website and notifications
2.1 We reserve the right to review and change any of the Terms by updating this page at our sole discretion. Any changes to the Terms take immediate effect from the date of their publication.
2.2 Your continued use of the Website signifies your acceptance and agreement to any adjustments to these Terms. Due to possible changes or updates, you are advised to revisit the Terms on a regular basis and prior to purchasing.
3. Account Changes & Termination
3.1 We reserve the right to terminate an account with the Website should it be deemed that any abuse of the account has occurred.
3.2 We may terminate your account or your access to the Website without notice to you, which may result in the destruction and forfeiture of all information associated with your account.
4.1 We aim to provide accurate product descriptions and imagery on our website and social media platforms.
4.2 In some cases the Products may appear slightly varied due to the imagery aesthetics or otherwise. We reserve the right to change, correct or omit any product descriptions which may be perceived as misleading.
4.3 Images are provided for illustrative purposes only and we do not guarantee that any product image is a reproduction of the full product design or true colour relating to that product. Not all aspects of the product design can be fully replicated on our website, including but not limited to the lenses colour or detail.
5. Payment & Charges
5.1 By purchasing from this website, you agree to the payment of the purchase price listed on the Website for each Product ordered (the “Purchase Price”), and the postage delivery charges as displayed prior to your order confirmation.
5.2 Subject to the Terms, the Purchase Price may change at any time without notice.
5.3 We reserve the right to cancel any order if there are any errors in the Purchase Price or the Product descriptions.
5.4 Payment of the Purchase Price may be made through the following third party provides (the “Payment Gateway Provider”)
In using the Purchase Service, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Private Policy and other relevant legal documentation provided by the Payment Gateway Provider.
5.5 After we have confirmed the payment of the Purchase Price, you will be issued with a receipt to confirm that the payment has been received. You may record your purchase details for future use.
6. Product Returns
6.1 In the case where any Product delivered to you is faulty or in damaged condition; and you wish to return the faulty or damaged Product, you must notify us via our "Contact Us" page. You must also advise the requirements for the return of faulty or damaged product.
6.2 Subject to our sole discretion, we will endeavour to (a) replace the faulty item or (b) issue a full refund, whereby we reimburse your original payment method in the amount originally debited for the product purchase.
7.1 We will only deliver Products ordered to a location where we provide delivery services.
7.2 You will be notified of the delivery fees and any other charges at the time you place the order.
7.3 All risk of damage or loss to the Product/s is passed to you once the goods have been despatched.
8. Privacy and Confidentiality
8.1 We undertake to take reasonable steps to preserve any personal information which you may provide when accessing our website. However, the information you transmit to us is entirely at your own risk.
8.2 When placing an order through the Website you will be required to provide your personal contact details including your name, phone number, email address, delivery address and credit card details. By providing us with your personal information you accept and agree that we are not liable for any misuse to this information due to any errors in transmission, virus or malware.
9. Copyright and Intellectual Property
9.1 The Website, the Purchase Services and all related Products of Aye Aye Pty Ltd 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 logos, graphics, imagery, layouts and text) are owned and controlled for these purposes and are served by Aye Aye Pty Ltd or its contributors.
9.2 Aye Aye Pty Ltd retains all rights, titles 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 Aye Aye Pty Ltd; 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).
9.3 You may not, without the written permission of Aye Aye Pty Ltd and the permission of any other relevant rights owners, broadcast, republish, upload 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 re-use or are in the public domain.
9.4 By accessing this website, you understand and agree that your access does not license you to use or reproduce licensed trademarks, logos and branding in any commercial setting without our prior written consent or to use any data featured on the site for any commercial purposes.
10. General Disclaimer
10.1 You acknowledge that Aye Aye Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
10.2 The Website and its contents may at any time contain errors, inaccuracies or faults. Aye Aye Pty Ltd 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 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) we will not be liable 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 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.
10.4 By accessing the Website, you agree that your access and use of this site is subject to these Terms and any applicable laws at your own risk. Everything on the Website, the Purchase Services and the Product of Aye Aye Pty Ltd, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind.
10.5 None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Aye Aye Pty Ltd make any express or implied representation or warranty about its contents or any Products or Product Services referred to on the Website.
10.6 None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Aye Aye Pty Ltd will be liable for any damages arising from or relating to this Website or any website linked to this site.
10.7 This limitation applies to all and any damages which you may incur whether they be direct, indirect, consequential or otherwise that you or others may become subject to. 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 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) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(e) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
10.8 We exercise due diligence in ensuring that the Website is free of any virus, malware, worm or Trojan horse, however we are not responsible for any damages caused to your computer system arising from any connections to the use of the Website or any linked websites.
11. Limitation of Liability
11.1 Aye Aye Pty Ltd’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 Aye Aye Pty Ltd is the resupply of information or Purchase Services to you.
11.2 You expressly understand and agree that Aye Aye Pty Ltd, 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 intangible loss.
11.3 Aye Aye Pty Ltd is not responsible or liable in any manner for any site content posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Aye Aye Pty Ltd, by third parties or by any of the Purchase Services offered by Aye Aye Pty Ltd.
12.1 You agree to indemnify Aye Aye Pty Ltd, 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.
13. Dispute Resolution
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).
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.
On receipt of that notice (“the Notice”) by that other party, the parties to the Terms (“Parties”) must:
(a) Within days of 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, days after the date of the Notice, the Dispute has not been resolved, the Parties must agree upon selection of a mediator.
(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.
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. Venue and jurisdiction
The Purchase Services offered by Aye Aye Pty Ltd 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 exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
15. Governing Law
The Terms are governed by the laws of Victoria, 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 Victoria, 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.
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.