IMPORTANT: These Terms of Service constitute a binding legal contract between Yourself and Asian Foods Emporium. You should obtain independent legal advice in respect of any questions or issues concerning these Terms of Service.
Section 1 – Introduction
In these Terms of Service:
- "You", "Your" and similar mean and refer to You the user.
- "Us", "Our", "We" and similar are a reference to Asian Foods Emporium Pty Ltd;
- words and phrases defined throughout these Terms of Service and those defined in the dictionary in Section 5 have a corresponding meaning throughout these Terms of Service unless the context otherwise requires.
- any reference to a "person" includes any corporate entity, any person acting as trustee or in any other representative capacity.
- a reference to a Section, Clause, Appendix or Annexure is a reference to a section, clause, appendix or Annexure of these Terms and Conditions.
Your access to and use of the asianfoods.store website (the Website) is governed by the terms and conditions contained in Section 2.
If You become a subscriber to the service provided by Us, the terms and conditions or Your use of and Our provision of the service is governed by Section 3.
The terms and conditions set out in Section 4 apply to any contract formed under Section 2 and/or Section 3.
Section 2 – Website Access Terms and Conditions
Agreement to Terms and Conditions
Licence to use website
- By accessing the Website You accept the terms and conditions in this Section 2*. If You do not agree to any part of these terms and conditions You must immediately leave the Website.
*Note: Sections 1, 4 and 5 also apply.
Acceptable use of the Website
- You may:
- view pages from the Website in a web browser;
- download pages from the Website for caching in a web browser;
- print pages from the Website
- use the Website services by means of a web browser; and
- enter, store, edit and download Your Content at any time that You have a valid Account that is not suspended, either via the browser or the mobile app –
but subject to any restriction/s expressly provided elsewhere in these Terms of Service.
Except as expressly permitted by Clause 7 or the other provisions of these Terms of Service, You must not download any material from the Website or save any such material to Your computer.
You may only use the Website for Your own personal and business purposes, and You must not use the Website for any other purpose not otherwise permitted under these Terms of Service.
Except as expressly permitted by these Terms of Service, You must not edit, alter or in any way modify any data on the Website.
Unless You own or control the relevant rights in any data or other material on the Website, You must not:
- republish material from the Website (including republication on another website);
- sell, rent or sub-license material from the Website;
- show any material from the Website in public;
- exploit material from the Website for a commercial purpose; or
- redistribute material from the Website.
Unless You have an Account, We reserve the right at Our discretion to restrict You from having access to any area or feature of the Website, or the entire Website, at Our discretion. If You have an Account, then Our right to restrict You from any access to part or all of the Website is governed by Section 3 of these Terms of Service.
You must not circumvent, bypass, or attempt to circumvent or bypass, any access restriction in place in respect of the Website.
You must not:
- use the Website in any way or take any action that causes, or may cause, damage to the Website or impair its performance, availability or accessibility;
- use the Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without Our express written consent; and
- access or otherwise interact with the Website using any robot, spider or other automated means;
You must not use data collected from the Website to contact individuals, companies or other persons or entities.
You warrant that all the information You supply to Us through the Website upon which We may rely in providing You with any of the Services is true, current, complete and not misleading or deceptive.
Links To Other Websites
- We has provided on the Website links to other websites and information on those websites for Your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Our site and the owners of those websites. We take no responsibility for any of the content found on the linked websites. The Website may contain information provided by third parties. We accept no responsibility whatsoever for information or advice provided to You directly by third parties.
Section 3 – Terms and Conditions of the using the Asian Foods Emporium Service
Your Account, Username and Password
Contract for the Services
- You can apply for an Account to access the Services by completing the the Application Form
- We are not bound to accept any application by any person and may refuse in its sole discretion to accept any application without providing any reason.
- In order to register for an Account You must be the properly authorised representative of the person being registered.
Your obligations in respect of Your Account
- You must notify Us in writing immediately if You become aware of any unauthorised use of Your account.
- You must not use any other person's account to access the website, unless You have that person's express permission to do so.
User IDs and passwords
- If You register for an account with the Website, We will provide You with / You will be asked to choose a user ID and password.
- You must keep Your password confidential and not disclose it to any other person or allow any other person to access Your Account.
- You must notify Us in writing immediately if You become aware of any disclosure of Your password or any unauthorised access of Your Account.
- You are responsible for any activity on the Website arising out of any failure to keep Your password confidential, and may be held liable to Us or any other user of the Website for any losses arising out of Your failure to keep Your password secure and confidential.
Payment of Fees
Upon acceptance of Your application for an Account:
- You agree to pay to Us the Fees (as determined in accordance with on the terms and conditions set out in Clauses 25 to 33 below);
- We agree to provide You with the Services until a Termination Event.
- Your Account and the Services are provided on a month to month basis and We are not obliged to provide the Services or maintain Your Account for any period longer than 1 month.
Your Content and Data on the Website
The Fees payable by You, are displayed on each product on the Website and show the fee payable for each item and when you are checking out.
- All transactions to are subject to Australian Governments 10% GST (if applicable)
The Fees published on the Website are:
- in Australian dollars ($AUD); and
- are inclusive of any amount of Goods and Services Tax (if applicable).
- Unless You have made a payment in Advance, payment of the Fees is due monthly in advance. Any failure to pay any Fees will result in a suspension of Your account and You will not be able to order again on the Website until such time as all Fees are paid. That suspension shall continue until the Fees are paid or this Agreement is terminated as provided for in Clause 37.4.
- You may terminate Your Account using the control panel of Your Account on the website.
Your Obligation to Comply with Relevant Asian Foods Emporium Laws
- You grant to Us a non-exclusive, irrevocable license use Your Content for statistical analysis, however, We will not publish or distribute Your Content in any way that may identify You.
You warrant and represent that Your Content will not:
- infringe any Law in any jurisdiction in which You operate Your business or in which Your Content will be used or published;
- be libellous or maliciously false;
- be obscene or indecent;
- infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- infringe any right of confidence, right of privacy or right under data protection legislation;
- constitute negligent advice or contain any negligent statement;
- constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
- be in contempt of any court, or in breach of any court order;
- be in breach of racial or religious hatred or discrimination legislation;
- be in breach of official secrets legislation;
- be in breach of any contractual obligation owed to any person;
- depict violence, in an explicit, graphic or gratuitous manner;
- be pornographic, lewd, suggestive or sexually explicit;
- be untrue, false, inaccurate or misleading;
- consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- constitute spam;
- be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
- cause annoyance, inconvenience or needless anxiety to any person.
The Website and the Services provided by it are a tool to assist You in teaching, but it does not:
- constitute legal advice or a substitute for independent legal advice;
Effect of Termination, Refund and Return Policy
In this Section 3, "Termination Event" means any of the following:
- the continuance of a Force Majeure Event for more than 14 days after Notice is given of such an event by either party;
- the occurrence of an Insolvency Event in respect of either You or Us;
- the giving of 28 days Notice by Us that We are closing Your Account;
- a failure by You to remedy within 7 days of Notice by Us, any breach by You of an obligation imposed on You by these Terms of Service;
- the expiration of 28 days after You give Us Notice that You wish to close Your Account;
- the giving of Notice by You at least 3 Business Days before the end of a calendar month if You received a Fee Change Notice during that calendar month;
- the giving of a Notice by You pursuant to Clause 49; and
- the exercise by either You or Us of any other statutory or right at law or in equity to terminate the agreement.
Our agreement with You to and Our obligation to You to provide the Services shall terminate upon the occurrence of a Termination Event and such termination shall be deemed to have occurred on the date calculated as follows ("the Termination Date"):
- In the case of the occurrence of a Termination Event as described in Clauses 37.1, 37.3, 37.4, 37.5 or 37.7, at 6.00pm on the last day of the period referred to in such clause (for e.g. under clause 34.5 the termination will occur at 6.00pm on the 28th day after the giving of the Notice by Us as referred to therein)
- In the case of a Termination Event as described in Clause 37.6, at 6.00pm on the last day of the calendar month in which You give the Notice referred to therein;
- In the case of a Termination Event as described in Clause 37.2, immediately upon the occurrence of the Insolvency Event;
- In the case of a Termination Event as described in Clause 37.8, at such time as the law deems termination to have occurred or a Court determines it to have occurred.
Upon the occurrence of a Termination Event then:
- Any Fees applicable when the Termination occurs are agreed by You to be forfeited to Us on account of administration costs in finalising Your Account and ensuring You have an opportunity to recover Your Content and in recognition by You that We incur costs for management which may not be able to be refunded to Us.
- Any Fees paid in advance pursuant to Clause 28 (other than any Fees forfeited pursuant to clause 36.1 above) will be refunded pro rata unless clause 39.3 hereof applies.
- If there is a Dispute existing at the time termination is deemed to have occurred and We reasonably believe that We have a Claim against You, We may retain any amount of any Fees paid in advance as an legal or equitable set-off against Our Claim until such time as a Court of competent jurisdiction determines the matter or the Dispute is resolved by agreement.
Refunds & Returns:
- Please choose carefully. Normally we do not give refunds for returns if you change your mind or make a wrong decision. You can choose between a refund, exchange or credit where goods are faulty, have been wrongly described or are different to the product purchased on the website.
- We will issue a full refund for any item that is supplied incorrectly or if there is a fault with the product. We must be notified immediately after receiving your order (within 24 hours).
- If the product is used, disposed or unable to be returned, we reserve the right to reject your claim for return or refund.
*Note: Under no circumstances will We issue a refund to you simply because you have changed your mind about your purchase.
Section 4 – General Terms and Conditions Applicable to use of the Website or the Service
Limitations and exclusions of liability
Except to the extent not permitted by law (including the ACL), We do not warrant or represent:
- the completeness or accuracy of the information published on the Website;
- that the material on the website is up to date; or
- that the website or any service on the website will remain available.
Breach of these Terms of Service by You
- Other than to the extent not permitted by law (including the ACL) You agree that We will not be liable to You in respect of any Claim You may otherwise have against Us.
- You agree that Our liability to You in respect of any Claim You may have against Us that is not lawfully excluded under Clause 41 (including any claim under the ACL) is limited to the Liability Limit.
- Any Claim must be notified to Us within 14 days of You first becoming aware of any potential Claim;
- You agree to give Us written Notice of the Claim setting out the full circumstances and particulars of the Claim and providing Us 28 days in which to consider the Claim and if We admit the Claim, pay to You the amount of the Liability Limit in full and final satisfaction of the Claim. You Agree to not initiate any proceedings or take any other action in respect of the Claim during that period.
- Further to and without derogating from the matters in Clause 41 and Clause 42, You agree that We will not be liable to You in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
Without prejudice to Our other rights under these terms and conditions, if You breach these Terms of Service in any way, or if We reasonably suspect that You have breached these terms and conditions in any way, We may:
- send You one or more formal warnings;
- temporarily suspend Your access to the Website;
- terminate Our agreement with You pursuant to Clause 37.4
- block computers using Your IP address from accessing the Website;
- contact any or all Your internet service providers and request that they block Your access to the Website;
- If We suspend or prohibit or block Your access to the Website or a part of the Website, You must not take any action to circumvent such suspension or prohibition or blocking.
- We may revise these Terms of Service from time to time, unless Clause 49 applies, any revised Terms of Service apply to Your use of and access to the Website on and from the date they are posted on the Website.
- If You have an Account with Us, We will give You Notice (Revision Notice) of any revision of these Terms of Service, and the revised terms and conditions will apply on and from the 1st day of the next following calendar month. If You do not agree to such revised Terms of Service, You may terminate Your agreement with use and close Your Account by giving a Notice 3 Business days before of the end of the calendar month in which You receive the Revision Notice or within 7 days of receiving the Revision Notice, whichever is the later. If You do not terminate this Agreement You agree to such revised Terms of Service in consideration of Our continuing to provide the Services.
- You hereby agree that We may assign, transfer, sub-contract or otherwise deal with this Agreement and upon provision of Notice to you of any assignment or transfer You are bound to any assignee or transferee in an agreement constituted by these Terms of Services.
- You may not without Our prior written consent assign (which may not be unreasonably withheld) , transfer, sub-contract or otherwise deal with any of Your rights and/or obligations under these terms and conditions.
Third party rights
- If a Clause or part of a Clause of these Terms of Service are held to be unenforceable or void by any court or tribunal of competent jurisdiction, they are to be severed herefrom and all other provisions shall continue to be enforceable.
- If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- These terms and conditions set out in these Terms of Service are solely for Your and Our benefit and do not and are not intended to benefit or be enforceable by any third party.
- The exercise of any rights under these Terms of Service are not subject to or to be construed as subject to the consent of any third party.
- These Terms of Service, constitute the entire agreement between You and Us in relation to Your use of the Website and the Services and shall supersede all previous agreements, representations or understandings.
Law and jurisdiction
Upon the occurrence of a Force Majeure Event:
- the affected party (or either party if both are affected) must give Notice of the occurrence of the event;
- on and from the date of any Notice given pursuant to Clause 57.1 and until termination of the agreement pursuant to clause 37.1 this Agreement is suspended and neither party need perform any obligation imposed by this Agreement, other than an obligation to make payment. However, either party may exercise any right of termination otherwise available to them as if the agreement had not been suspended.
- To extent not otherwise prohibited by law (including the ACL), neither party shall be liable to the other for any loss or damage arising from the Force Majeure Event. Any Claim You may have against Us that is not excluded by this Clause 57.3 shall be subject to the Liability Limit pursuant to and in accordance with Clause 42.
- If We suspend or prohibit or block Your access to the Website or a part of the Website, You must not take any action to circumvent such suspension or prohibition or blocking.
- These terms and conditions shall be governed by and construed in accordance with laws of Victoria, Australia.
- Any Dispute relating to these Terms of Service, the Services or any matter relating directly or indirectly thereto shall be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.
Section 5 – Dictionary
"Account" means a valid (and paid up) subscription to the Services represented by a user profile, the data held by Us in respect of such user and a username and password held by such user that enables access to the Website and use of the Services.
"Business Day" means any day which is not a Saturday or Sunday or a public holiday in Melbourne, Australia.
"Claim" means any right, suit, cause of action for any loss, damage, compensation or other legal remedy whether statutory, at law or in equity that You have or allege to have against Us in respect of the Website, the Services or these Terms of Service.
"Dispute" means any notification or allegation by You to Us or Us to You of any Claim or alleged Claim against the other.
"Fees" means the amount payable by You to Us for provision of the Services.
"Force Majeure Event"
means the occurrence of any event that is beyond the reasonable control of a Party that prevents that Party from performing any obligation under this Agreement (other than an obligation to make any payment) including, but not limited to:
- any natural disaster, riot or civil commotion;
- the financial collapse of any third party product or service provider;
- any shut down or restriction in the ability of a Party to access the internet either locally or generally.
"Insolvency Event" means the service of a Creditors Petition in Bankruptcy or an application to Wind Up a company in insolvency, the appointment of a controller, receiver or manager, the appointment of an administrator or provisional liquidator to a company pursuant to the Corporations Act 2001 (Cth).
"Liability Limit" means the amount of the cost of having the Services supplied again.
"Notice"means notification in writing, including by email. Where Notice is required to be given by Us to You, we may give such notice to You at any email address You have provided to Us in the Application or that has been used by You in any communication with Us. It is Your responsibility to keep your email address current and any notice given by Us to You at your last notified email address shall be deemed to be valid notice given whether it is received by You or not.
means the provision to You of an a way to contribute to the arts by:
- a simple way to subscribe and contribute on a regular basis
- Website help in the form of subscription maintenance;
"this Agreement" means your contract with us on the terms and conditions set out in these Terms of Service as applicable at any given date.
"Your Account" means an Account held by You for which You pay the Fees,
"Your Content" means all data that You submit to Us or the Website for storage, or processing as part of the provision of the Services.