TERMS AND CONDITIONS

Welcome to COZI IM.’s Terms and Conditions page. Please read through our Terms and Conditions carefully before placing your order.

By visiting this website and/or placing an order you agree to be bound by the Terms and Conditions set out below. Please also read our Privacy Policy regarding how we manage information provided by you. We reserve the right to update these details at any time and will notify you by updating the information on this page.

1.     Disclaimer

1.1    The content of this website is general and is provided for information purposes only. The material on this website is not and should not be regarded as advice, including legal or medical advice. To the fullest extent permitted by law, we do not give any express or implied warranties and makes no representations in relation to this website.

1.2    You agree to have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the website and will not make a claim against us for lost data, re-run time, data corruption, communication interception, inaccurate output, work delays or lost profits resulting from any use of this website.

1.3    You agree to hold us absolutely harmless from, and you covenant not to take any action against us for, any claims based on using this website.


2.     Privacy

2.1    Please refer to our Privacy Policy for more information about how we collect, use and disclose your personal information and your rights of access to your personal information.


3.     Pricing

3.1    All prices on the Website are displayed in Australian dollars and you will be charged in Australian dollars. The price displayed are inclusive of GST.

3.2    Pricing is subject to change without prior notice.


4.     Orders Acceptance

4.1    COZI IM. retains the discretion of accepting your order. Upon receiving your order, a receipt of order email will be sent to your nominated email address. Receiving the receipt of order email does not mean the order has been confirmed.

4.2    Reasons that COZI IM. may cancel your order includes, but is not limited to, the following reasons:

(a)     The warehouse no longer has stock for your order;

(b)     There was an error in the pricing or product description; or

(c)     A technical error has occurred.

4.3    If your order has been cancelled, a full refund will be paid to the payment account.

4.4    If you have received email confirmation stating the order has been dispatched to the order’s address, you order will be officially confirmed by Cozy IM.


5.     Intended use

5.1    By placing an order with us you agree to use the products only for their intended purpose. If you use the products for any other purpose you will assume full responsibility for any loss or damage arising out of this use.


6.     Accuracy of Information

6.1    We attempt to be as accurate as possible when describing our products on the website, however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available on or via the website are accurate, complete, reliable, current, available or error-free.


7.     Intellectual Property

7.1    All content on this website, including text, graphics, logos, photographs, audio and video clips and data compilations is the property of COZI IM. Pty Ltd or its content suppliers and protected by Australian and international copyright laws. The compilation of all content on this website is the exclusive property of COZI IM. Pty Ltd and protected by Australian and international copyright laws.

7.2    All registered or unregistered trademarks used on the website belong to their respective owners.

7.3    You may store, print and display the content supplied solely for your own personal use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of us.


8.     Shipping & Return Policy

8.1    Shipping and return of orders will be governed by our Shipping & Return Policy.

8.2    We reserve the rights to suspend or terminate your account if we suspects that you have committed a violation of our Shipping & Return Policy such violation may include excessive return activity in a short period of time.


9.     Limitation of Liability and Indemnity

9.1    COZI IM. will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

9.2    You agree to indemnify, defend and hold harmless COZI IM. Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


10.   Misuse and Prohibitions

10.1  You must not use this website in any way that causes, or may cause, damage to this website or impairment of the availability or accessibility of the website; or in any way which is malicious, unlawful, offensive or obscene, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

10.2  You must not use this 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, robot, spider, scraper or other malicious computer software or otherwise attempt to damage, interfere with or introduce anything to this website or any network or system underlying or connected to it for any purpose, or act in any other way that compromises this website or any network or system underlying or connected to this website.

10.3  You must not use this website to transmit or send unsolicited commercial communications, advertising or promotional material, commonly referred to as “spam”. You must not hack or attack any aspect of the service or this website; corrupt data; cause annoyance to other users or infringe upon the rights of any other person’s proprietary rights.

10.4  You must not use, reproduce, duplicate, copy, sell, re-sell, adapt, transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, or caching by a storage or information retrieval system, or download accelerator) or otherwise exploit this website or any part of this website for any commercial purpose.

10.5  You must not post or transmit to this website any illegal, threatening, abusive, defamatory, obscene or indecent information or misleading or deceptive material of any kind, or encourage any other person to do so.

10.6  You must not post or transmit any material to this website which breaches any laws relating to a person’s right to privacy or the export of personal information, or personal information about another person without their consent.

10.7  You must not copy, distribute, alter or tamper with in any way, or otherwise use, any material contained in this website (except as expressly permitted in these Terms and Conditions).


11.   Third Party Links

11.1  Certain content, products and services available via our service may include materials from third parties. We are not responsible for the content of any off-website pages or any other websites linked to or from the website. Links appearing on the website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other Sites is at your own risk.

11.2  We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.


12.   Termination

12.1  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

12.2  These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our website.

12.3  If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).


13.   Severability

13.1  Each provision of these Terms and Conditions is severable from the others and no severance of a provision will affect any other provision.


14.   Applicable law

14.1  These Terms and Conditions will be governed by the law of New South Wales and the parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.


15.   Revision of Terms and Conditions

15.1  We reserve the right to change, modify, or revise this Terms and Conditions in order to comply with any applicable laws or for any other reason at any time without notice, and an updated Terms and Conditions will be posted on our website.


16.   Entire agreement

16.1  These Terms and Conditions constitute the entire agreement between you and COZI IM. in relation to your use of this website, and supersedes all previous agreements in respect of your use of this website.


17.   Waiver

17.1  If you breach these Terms and Conditions, failure by us to take action will not constitute a waiver of our rights and remedies arising from that breach and we reserve our entitlement to enforce our rights and remedies in relation to that breach or any other situation where you commit a breach of these Terms and Conditions. Any waiver of any provision of the Terms and Conditions will be effective only if it is in writing and executed by COZI IM..


18.   Questions – Contact Us

18.1  If you have any questions regarding these Terms and Conditions or make a complaint, please contact our customer service team on customerservice@coziim.com.au or phone us on +61 2 8084 8263 for all Australian customers Monday – Friday (10am – 5pm AEDT).



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