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Conditions of Use & Sale

Last updated on 5 December 2017.

To see changes to the Conditions of Use & Sale click here.

Welcome to Amazon. com. au

Amazon Commercial Services Pty Ltd (ABN 30 616 935 623) and its affiliates ("Amazon") prov >Conditions of Use Conditions of Sale

Conditions of Use

Please read these conditions carefully before using Amazon Services. By using Amazon Services, you agree to be bound by these conditions. We offer a wide range of Amazon Services, and sometimes additional terms may apply. When you use an Amazon Service (for example Amazon applications for mobile), you will also be subject to the terms and conditions and policies applicable to that Amazon Service ("Service Terms"). Our help pages contain Service Terms and other important information relating to your use of the Amazon Services. For example you can access the Kindle Store Terms of Use here. If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

1. PRIVACY

Please review our Privacy Notice and Cookies & Internet Advertising Policy, which also govern your use of Amazon Services, to understand our practices.

2. ELECTRONIC COMMUNICATIONS

When you use any Amazon Service or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other Amazon Services, such as our Message Centre. You consent to receive communications from us electronically and agree that communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. COPYRIGHT AND OTHER RIGHTS

All content included in or made available through any Amazon Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Amazon or its content suppliers and is protected by Australian and international copyright and authors' rights laws and (where applicable) database right laws.

Other than to the extent necessary to use any Amazon Service for its permitted purpose and in accordance with these Conditions of Use and the applicable Service Terms, you may not copy, extract and/or re-utilise any content of any Amazon Service without our express written consent, including, without limitation, any product listings, descriptions, prices and account information. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of any Amazon Service or its content, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Amazon Service or its content without our express written consent.

4. TRADEMARKS

Click here to see a non-exhaustive list of Amazon trademarks. Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Amazon Service are trademarks or trade dress of Amazon. Amazon's trademarks and trade dress may not be used in connection with any product or service that is not Amazon's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Amazon. All other trademarks not owned by Amazon that appear in any Amazon Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Amazon. You may not frame or use framing techniques to enclose any trademark or logo (including images and text) of Amazon without our express written consent. You may not use any meta tags or any other "hidden text" utilising Amazon's names or trademarks without our express written consent.

5. PATENTS

One or more patents owned by Amazon apply to the Amazon Services and to the features and services accessible via the Amazon Services. Portions of the Amazon Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable Amazon patents and applicable licensed patents

6. RIGHTS OF ACCESS AND USE

Amazon or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and make personal and non-commercial use of the Amazon Services. The right granted to you does not include any license or permission to use the Amazon Service or any part thereof for the benefit of any third party, or to resell or make any commercial or derivative use of any Amazon Service or any part thereof.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Amazon or its licensors, suppliers, publishers, rights holders, or other content providers.

You may not misuse the Amazon Services. You may use the Amazon Services only as permitted by the relevant Service Terms and in accordance with law. Without limiting any other rights we have at law and under these Conditions of Use or the relevant Service Terms, the access and use rights granted by Amazon under these Conditions of Use terminate if you do not comply with this Section 6.

7. YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account and password. Except to the extent caused by our breach of this Agreement, you are responsible for all activities that occur under your account regardless of whether the activities are authorized by you or undertaken by you, and we are not responsible for unauthorized access to or use of your password or account. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorised manner. You must ensure that the details you provide to us are correct and complete, and inform us of any changes. You can access and update certain information you have provided to us, and your account settings, in the Your Account area of the website.

You may not use any Amazon Service: (i) in any way that causes, or is likely to cause, any Amazon Service, or any access to it to be interrupted, damaged or impaired in any way, (ii) in any way that may interfere with or harm any other user of an Amazon Service; (iii) for fraudulent purposes, or in connection with a criminal or other unlawful activity, or (iv) in any manner that is not permitted under these Conditions of Use and the relevant Service Terms.

If we have concerns with your account, or activity relating to your account, or if you are in breach of applicable laws, these Conditions of Use, or the relevant Service Terms, we reserve the right to take action on your account in accordance with these Conditions of Use, and the relevant Service Terms, including without limitation by (i) refusing service, (ii) suspending or restricting access to your account, (iii) terminating your account; or (iv) removing or editing content you post using your account. The action we elect to take and any notice you may receive will vary depending on the Amazon Service, the circumstances and our assessment of relevant factors. Suspension or termination of an Amazon Service may occur in connection with, or result in suspension or termination of other Amazon Services. At any time, you may, in accordance with the applicable Service Terms and using the tools and settings we make available to you for each Amazon Service, cease using any Amazon Service, terminate your account or the Amazon Service, or remove or edit certain content and material you post (each as permitted by that Amazon Service).

8. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Visitors may post reviews, comments and other content; send communications; and submit suggestions, ideas, questions or other material, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You must not post or send any content that contains software viruses, or that comprises political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any such content or communication. We reserve the right (but not the obligation) to remove or edit such content. .

If you post content or submit material, and unless we indicate otherwise, you grant: (a) Amazon a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Amazon, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, as applicable, you: (i) consent to any infringement of; and (ii) agree to waive, any right you have to be identified as the author of such content and any right you have to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Amazon, at our request.

You are responsible for your content and you represent and warrant that you own or otherwise control all of the rights to the content and material that you post and that, as at the date that the content or material is posted it: (i) is accurate; (ii) complies with these Conditions of Use and any applicable Service Terms; and (iii) does not breach any applicable laws. You agree to indemnify Amazon for all claims brought by a third party against Amazon arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to remove the content or material when we receive from a relevant party a valid Notice Form as described in these conditions relating to the content or material.

9. INTELLECTUAL PROPERTY CLAIMS

Amazon respects the intellectual property of others. If you believe that an item or information on any Amazon Service infringes your intellectual property rights, please follow our Notice and Procedure for Making Claims of Right Infringements.

10. SANCTIONS AND EXPORT POLICY

You may not use any Amazon Service if you are the subject of U. S. sanctions or of sanctions consistent with U. S. law imposed by the governments of the country where you are using Amazon Services. You must comply with all U. S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

11. AMAZON SOFTWARE TERMS

In addition to these Conditions of Use, the terms found here ("Software Terms") apply to any software (and any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Amazon Services (the "Amazon Software").

12. OTHER BUSINESSES

Parties other than Amazon operate stores, provide services, or sell products on this website and we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or accept any responsibility or liability for the actions or offerings of, any other party or the content of their websites. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.

13. AMAZON'S ROLE

Amazon, through Amazon Marketplace, allows third party sellers to list and sell their products on Amazon. com. au. The relevant seller is indicated on the respective product detail page. While Amazon helps facilitate transactions that are carried out on the Amazon Marketplace, Amazon is neither the buyer nor the seller of the seller's items. Amazon provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between the buyer and seller. Amazon is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller's agent. The seller is responsible for the sale of their products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller. Because Amazon wants the buyer to have a safer buying experience, Amazon provides to the buyer the Amazon A-to-z Guarantee in addition to any contractual or other rights or remedies that the buyer may have against the seller or any other party.

14. DISCLAIMER AND LIABILITY

Unless otherwise specified in writing, Amazon disclaims, and does not make, any representation or warranty of any kind in respect of the Amazon Services including without limitation any representation or warranty (i) that they are free of viruses or other harmful components; (ii) that your use of the Amazon Services will be uninterrupted or error-free; or (iii) as to the suitability or availability of the Amazon Services.

Amazon will not be responsible for: (i) losses arising from the unavailability of, or your inability to use any Amazon Services), (ii) losses that are not directly caused by any breach on our part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses; (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. For any other loss relating to an Amazon Services, we limit our liability to the amount you have paid to us for the relevant Amazon Service.

Nothing in these conditions is intended to (i) override any express commitments Amazon gives to you for particular Amazon Services (for example, commitments Amazon gives to provide a refund of fees in certain circumstances) or (ii) exclude, restrict or modify any right or remedy you have in statute including under the Australian Consumer Law or otherwise to the extent that that right or remedy cannot be excluded, restricted or modified under law. Any disclaimer, exclusion, or limitation in these conditions applies as provided for in these conditions to the full extent permitted by law and subject to any such non excludable right or remedy.

15. APPLICABLE LAW

The laws of New South Wales govern this Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of New South Wales. Each party consents to the exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party's, its affiliates' or any third party's intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement. If you would like to bring a matter to our attention, please contact us.

16. AMAZON SERVICES

We reserve the right to cease providing any Amazon Service to you, to discontinue any Amazon Service and to make changes to any Amazon Services at any time. Your access to Amazon Services may be suspended or restricted in accordance with these Conditions of Use and the applicable Service Terms, and as necessary for our business operations including without limitation to allow for repairs, maintenance or the introduction of new features or services.

17. AMENDMENTS

We reserve the right to make changes to any Conditions of Use and Service Terms at any time by posting the changes on our website. You will be subject to the Conditions of Use and Service Terms made available on the website at the time that you use the Amazon Services. You may at any time, cease using any Amazon Services, terminate your account or the relevant Amazon Service (in accordance with Section 7) including in the event of any such change.

18. SEVERABILITY

If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

19. WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

20. CHILDREN

We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may use the Amazon Services only with the involvement of a parent or guardian.

21. OUR CONTACT DETAILS

For general inquiries:

Address for service of notices for Amazon Commercial Services Pty Ltd:

If you would like to contact us about Kindle Store, Kindle Content, or Kindle Applications contact information is here

Contact information relating to other Amazon Services or the Affiliate that provides the Service may differ and can be found in the relevant Service Terms.

22. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHTS INFRINGEMENTS

If you believe that your rights are being infringed, you may fill out and submit the Notice Form. We respond expeditiously to rights owners and their agents who complete and submit the Notice Form to communicate concerns about any alleged infringement.

Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to Amazon the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Amazon for all claims brought by a third party against Amazon arising out of or in connection with the submission of a Notice Form.

Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on Amazon. com. au and are posted solely at the direction of Third Party Sellers who may be contacted via their Seller Information page, accessible from any of their listings.

ASIN and ISBN-10, Defined: "ASIN" stands for Amazon Standard Item (or Identification) Number and is a ten (10) character identifier. It can be found below any listing under Product Details. "ISBN-10" stands for International Standard Book Number and is a ten (10) digit identifier that can be found on some book listings under Product Details.

Important Warning: giving false, misleading or inaccurate information in the Notice Form to Amazon may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.

Kindle Content: information on how to lodge a notice relating to Kindle Content is available here

23. ADDITIONAL AMAZON SOFTWARE TERMS

1. Use of the Amazon Software. You may use Amazon Software solely to use and enjoy the Amazon Services as provided by Amazon, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Amazon Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Amazon Software or otherwise assign any rights to the Amazon Software in whole or in part. You may not use the Amazon Software for any illegal purpose. We may cease providing any Amazon Software and we may terminate your right to use any Amazon Software at any time. Your rights to use the Amazon Software may be terminated without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Amazon Software that are specifically identified in related documentation may apply to that Amazon Software (or software incorporated with the Amazon Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Amazon Service is the property of Amazon or its software suppliers and protected by applicable laws protecting copyright and other intellectual property rights.

2. Use of Third Party Services. When you use the Amazon Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3. No Reverse Engineering. Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorise any other person to copy, modify, reverse engineer, decompile or disassemble, otherwise tamper with, or bypass any security associated with the Amazon Software, whether in whole or in part, or create any derivative works from or of the Amazon Software.

4. Updates. In order to keep the Amazon Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

Conditions of Sale

These Conditions of Sale govern the sale of products on amazon. com. au by Amazon Commercial Services Pty Ltd (ABN 30 616 935 623) (trading as "Amazon AU" or "Amazon Australia") to you.

Please read these conditions carefully before placing an order for products sold by Amazon AU, by placing an order you agree to be bound by these conditions.

1. OUR CONTRACT

These Conditions of Sale do not apply to any products sold by, and any transaction between you and a third party seller on the Amazon Marketplace. Section 13 the Conditions of Use applies to those products and transactions.

With respect to products sold by Amazon AU, your order is an offer to us for you to buy the product(s) in your order. When you place an order to purchase the product(s) from us, we will send you a message confirming receipt of your order and containing the details of your order (the "Order Confirmation"). If you are using certain Amazon Services (e. g. Amazon mobile applications) the Order Confirmation may be posted on a Message Centre on the website. The Order Confirmation is acknowledgement that we have received your order, and does not confirm our acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product(s) to you and send e-mail or post a message on the Message Centre of the website confirming that we've dispatched the product to you (the "Dispatch Confirmation"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation. Your contract of sale is with Amazon Commercial Services Pty Ltd.

You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the Your Account area of the web site. For each delivery, we will inform you in our Dispatch Confirmation if an electronic invoice is available. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our help pages.

Please note that we sell products only in quantities which correspond to the typical needs of an average household and may refuse orders fro quantities that exceed this. This applies both to the number of products ordered within a single order and the placing of several orders for the same product.

2. CANCELLATION AND RETURNS POLICIES

Unless one of the exceptions listed below applies, you can cancel your order for a product at no cost any time before we send the Shipment Confirmation relating to that product.

You may submit your cancellation request using the Your Orders section of the website.

EXCEPTIONS TO THE RIGHT OF CANCELLATION

The right of cancellation does not apply to:

the supply of goods made to your specifications or clearly personalized; the supply of goods which may deteriorate or expire rapidly; a service if Amazon has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started; the supply of digital content (including apps, digital software, ebooks, MP3, etc) which is not supplied on a tangible medium (e. g. on a CD or DVD) once download or use (whichever is earlier) has begun; and the delivery of newspapers, journals or magazines with the exception of subscription contracts.

RETURNS POLICY

You may return most new, unopened items sold and fulfilled by Amazon within 30 days of receipt of delivery for a full refund of the purchase cost of the item. Please see About Our Returns Policies for more details.

STATUTORY RIGHTS AND REMEDIES

Our cancellation and returns policies apply in addition to other rights and remedies a person may have under law including under the Australian Consumer Law.

3. PRICING AND AVAILABILITY

All prices are inclusive of GST.

We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail or by posting a message on the Message Centre of the website as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.

Despite our best efforts, a small number of the items in our catalogue may be mispriced. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before shipping to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.

4. DELIVERY TIMES

Unless otherwise stated on the website, delivery estimates and dates are just estimates. They are not guaranteed delivery times and should not be relied upon as such. Where we provide a guaranteed delivery date and a delivery attempt is not made for the relevant shipment by that date, we will refund any delivery fees associated with that shipment, and otherwise we are not liable to you for late deliveries. Where estimated delivery times apply, you are still entitled have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, you may cancel your order at any time prior to dispatch in accordance with Section 2.

5. PRODUCT INFORMATION

Unless expressly indicated otherwise, Amazon is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, products and any product packaging and materials may be different from that displayed on our website. All information about the products on our website is provided for information purposes only and our sole liability in the event any incorrect product information will be to accept a return of the product in accordance with our returns policies and your statutory rights. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.

In the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product, contact the manufacturer, or report the concern to us.

For healthcare products, content on this site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition.

Amazon accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.

6. CUSTOMS

When ordering products from Amazon for delivery outside of Australia you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you, we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Amazon for delivery outside of Australia, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

7. SANCTIONS AND EXPORT POLICY

8. DISCLAIMER AND LIABILITY

Unless otherwise stated in writing, Amazon disclaims, and does not make, any representation or warranty of any kind in respect of any product we offer on the website or that you may order from us. Amazon will not be responsible for (i) any loss arising from the unavailability of any product; (ii) losses that were not caused by any breach on our part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses; or (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This Section 8 does not affect your rights under Section 4.

Unless otherwise stated in writing, our liability to you for any loss arising from or relating to the offer or sale of any product by us on the website is limited to a refund of the relevant amount paid for the product (including applicable shipping fees).

The disclaimers, exclusions, and any other limitations on Amazon's liability in this Section do not override any express commitments Amazon gives to you (for example, in respect of Guaranteed Delivery as described in Section 4).

Nothing in these conditions is intended to exclude, restrict or modify any non-excludable right or remedy you have under law including the Australian Consumer Law. Any disclaimer, exclusion, or limitation as provided for in these conditions applies to the full extent permitted by law and subject to any non-excludable right or remedy.

9. APPLICABLE LAW

The laws of New South Wales govern this Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of New South Wales. Each party consents to exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party's, its affiliates' or any third party's intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement. If you would like to bring a matter to our attention, please contact us.

10. AMENDMENTS

We reserve the right to make changes to our website, these Conditions of Sale, our policies, and our listings at any time by posting the changes on our website. You will be subject to the Conditions of Sale and policies available on the site at the time that you order products from us.

11. SEVERABILITY

If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

12. WAIVER

If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.

13. CHILDREN

We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may only use Amazon. com. au with the involvement of a parent or guardian.

14. OUR CONTACT DETAILS

Our contact details are:

For general inquiries:

Address for service of notices for Amazon Commercial Services Pty Ltd:

Selling Policies and Seller Code of Conduct

All sellers are expected to adhere to the following policies when listing products on Amazon. Seller offenses and prohibited content can result in suspension of your Amazon account.

Seller code of conduct

This policy requires that sellers act fairly and honestly on Amazon to ensure a safe buying and selling experience. All sellers must:

Provide accurate information to Amazon and our customers at all times Act fairly and not misuse Amazon’s features or services Not attempt to damage or abuse another Seller, their listings or ratings Not attempt to influence customers’ ratings, feedback, and reviews Not send unsolicited or inappropriate communications Not contact customers except through Buyer-Seller Messaging Not attempt to circumvent the Amazon sales process Not operate more than one Selling on Amazon account without permission by Amazon

Violating the Code of Conduct or any other Amazon policies may result in actions against your account, such as cancellation of listings, suspension or forfeiture of payments, and removal of selling privileges. More details about these policies are below.

Accurate Information

You must provide accurate information to Amazon and our customers, and update the information if it changes. For example, this means that you must use a business name that accurately identifies your business and list your products in the correct category.

Acting Fairly

You must act fairly and lawfully and may not misuse any service prov >Providing misleading or inappropriate information to Amazon or our customers, such as by creating multiple detail pages for the same product or posting offensive product images Manipulating sales rank (such as by accepting fake orders or orders that you have paid for) or making claims about sales rank in product titles or descriptions Attempting to increase the price of a product after an order is confirmed Artificially inflating web traffic (using bots or paying for clicks, for example) Attempting to damage another Seller, their listings or ratings Allowing other people to act on your behalf in a way that violates Amazon’s policies or your agreement with Amazon

Ratings, Feedback, and Reviews

You may not attempt to influence or inflate customers’ ratings, feedback, and reviews. You may request feedback and reviews from your own customers in a neutral manner, but may not:

Pay for or offer an incentive (such as coupons or free products) in exchange for providing or removing feedback or reviews Ask customers to write only positive reviews or ask them to remove or change a review Solicit reviews only from customers who had a positive experience Review your own products or a competitors’ products

Communications

You may not send unsolicited or inappropriate messages. All communications to customers must be sent through Buyer-Seller Messaging and be necessary for fulfilling the order or providing customer services. Marketing communications are prohibited.

Customer Information

If you receive customer information such as addresses or phone numbers to fulfill orders, you may use that information only to fulfill orders and must delete it after the order has been processed. You may not use customer information to contact customers (except through Buyer-Seller Messaging) or share it with any third-party.

Circumventing the Sales Process

You may not attempt to circumvent the Amazon sales process or divert Amazon customers to another website. This means that you may not provide links or messages that prompt users to visit any external website or complete a transaction elsewhere.

Multiple Selling on Amazon Accounts

You may not operate multiple Selling on Amazon accounts unless you have received permission from Amazon and have a legitimate business need for more than one account. Read more about the requirements for operating more than one account on Multiple Selling on Amazon accounts.

Amazon. com - Kindle License Agreement And Terms Of Use

Kindle License Agreement And Terms Of Use from Amazon. com. The live version of this document is available at http://www. amazon. com/gp/help/customer/display. . This document is a part of Docracy's Terms of Service Tracker project, which tracks changes to terms of service and privacy policy documents of many of the world's top websites.

Amazon Kindle Terms of Use Last updated: September 6, 2012

This is an agreement between you and Amazon Digital Services, Inc. (with its affiliates, "Amazon" or "we"). Please read these Amazon Kindle Terms of Use, the Amazon. com Privacy Notice, the Amazon. com Conditions of Use, and the other applicable rules, policies, and terms posted on the Amazon. com website, on or through your Kindle, or provided with any Service (collectively, this "Agreement") before using the Kindle, any Reading Application or the Service. By using the Kindle, any Reading Application or the Service, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use the Kindle, any Reading Application, or the Service, and you may return the Kindle for a refund in accordance with the applicable return policy.

For the purpose of this Agreement:

"Digital Content" means digitized electronic content, such as books, newspapers, magazines, journals, music, videos, apps, blogs, RSS feeds, games, and other static and interactive electronic content.

"Kindle" means our portable electronic reading devices.

"Reading Application" means software (including any updates/upgrades to that software) we make available that permits users to shop for, download, browse, and/or use Digital Content on a Supported Device.

"Service" means the wireless connectivity that we provide Kindle users, the provision of Digital Content, Software, and support and other services that we provide Kindle and Reading Application users.

"Software" means the Reading Applications and all software on the Kindle (including any updates/upgrades to that software), and any related documentation that we make available to you.

"Supported Device" means a mobile, computer or other supported electronic device other than a Kindle on which you are authorized to operate a Reading Application.

1. Wireless Connectivity

Use of Wireless Connectivity. Your Kindle uses wireless connectivity to allow you to shop for and download Digital Content. Some Kindle devices may require you to purchase a data plan from a third party in order to receive and use wireless connectivity. In such case, your wireless connectivity is subject to the fees, restrictions and limitations imposed by the wireless provider. In addition, if your Kindle functions with third party services, such as Wi-Fi access points, a third party may charge you fees for the use of those services. If your Kindle is not subject to a data plan or other third party fees, generally, we do not charge you for use of wireless connectivity.

However, your Kindle may use wireless connectivity to make other services available to you for which we may charge you a fee, such as personal file download and subscriptions when you are located in another country. The fees and terms for such services are located on the Amazon. com website or on or through your Kindle and may change from time to time.

Your Conduct. You may use the wireless connectivity provided by us only in connection with the Service as permitted by this Agreement. You may not use the wireless connectivity for any other purpose.

Availability. If your Kindle is located in an area in which it cannot maintain wireless connectivity, you may not be able to use some or all of the Service. We are not responsible for the unavailability of wireless connectivity for your Kindle or any corresponding loss of Service. Events beyond our reasonable control (such as changes in service or terms by wireless carriers) may impact the terms or circumstances under which we provide you wireless connectivity and may result in a change to these terms or a temporary or permanent modification or loss of wireless connectivity for your Kindle.

2. Device and Software

Use of the Software. You may use the Software only on a Kindle or through a Reading Application on a Supported Device. Additional terms contained in the Amazon. com Conditions of Use apply to the Software. For additional terms that apply to certain third party software, see the Legal, Legal & Compliance, or similar section in the Settings menu of your Kindle or the Legal Notices section of your Reading Application.

Location Based Services. Some Kindle devices have a feature that, when enabled, allows Amazon and applications on your device to access location information that can be used to provide location based services. Learn more about collection and use of location data. If you are using location based services on your Kindle for navigation, you are solely responsible for ensuring you drive safely, observe all traffic rules, and use your own judgment while driving and selecting routes. Amazon does not guarantee the accuracy, completeness, or security of any location based services.

3. General

Information Received. The Software will provide Amazon with data about your Kindle and its interaction with the Service (such as available memory, up-time, log files, and signal strength). The Software will also provide Amazon with information related to the Digital Content on your Kindle and Supported Devices and your use of it (such as last page read and content archiving). Information provided to Amazon, including annotations, bookmarks, notes, highlights, or similar markings you make using your Kindle or Reading Application, may be stored on servers that are located outside the country in which you live. Any information we receive is subject to the Amazon. com Privacy Notice.

Information Provided To Others. You are responsible for any information you provide to others using a Kindle or a Reading Application. Any information you provide to a third party will be subject to the privacy notice or any similar terms that the third party provides to you, and will not be subject to the Amazon. com Privacy Notice.

Changes to Service. We may modify, suspend, or discontinue the Service, in whole or in part, at any time.

Termination. Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, Amazon may immediately revoke your access to the Service without refund of any fees. Amazon's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.

Governing Language. If this Agreement is translated into a language other than English, the English version will govern and prevail to the extent that there is any conflict or discrepancy.

Disputes/Binding Arbitration. Any dispute or claim arising from or relating to this Agreement or a Kindle, any Reading Application, or the Service is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in the Amazon. com Conditions of Use. You agree to those terms by entering into this Agreement or using a Kindle, any Reading Application, or the Service. Disclaimer of Warranties and Limitation of Liability. Without limiting the Disclaimer of Warranties and Limitation of Liability in the Amazon. com Conditions of Use, (1) unless otherwise provided by Amazon, your Kindle is subject to a one-year limited warranty; and (2) in no event will Amazon's aggregate liability under this Agreement with respect to any claim exceed the amount you actually paid for your Kindle.

Contact Information. For help with your Kindle, a Reading Application, the Service, Digital Content, or resolving other issues, please contact Customer Service by e-mail: [email protected] or by phone at 1-866-321-8851 (toll free) when dialing in the US or at 1-206-266-0927 (charges will apply) when dialing outside the US. For communications concerning this Agreement, please contact Amazon by email: [email protected]

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