Terms of service

OVERVIEW
Welcome to Oryzom AU! The terms “we”, “us” and “our” refer to Oryzom AU. Oryzom AU operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Oryzom AU is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein, these “Terms of Service” or “Terms”, describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers, limitations of liability, orders, shipping, returns, intellectual property and governing law.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services. 

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information and shipping information. You represent and warrant that all information you provide to us is accurate, current and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, colors, product appearance, product packaging or product details may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not guarantee that the appearance, color, size, quality or other features of any products or services purchased by you will be exactly the same as depicted or rendered in our online store, except where required by applicable law.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Oryzom AU reserves the right to accept or decline your order for any lawful reason at its discretion. Your order is not accepted until Oryzom AU confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as Oryzom AU may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address, shipping address and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy, subject always to any rights you may have under applicable law. 
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or unauthorized export.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs duties, import charges or other government charges.
Prices posted in our online store may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern to the extent of the conflict.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, billing address, shipping address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the payment information you provide is true, correct and complete; (ii) you are duly authorized to use the payment method provided for the purchase; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, duties and fees, if any.

SECTION 5 - SHIPPING AND DELIVERY
Shipping and delivery times are estimates only and are not guaranteed unless expressly stated otherwise. We are not responsible for delays caused by shipping carriers, customs processing, incorrect shipping information provided by you, failed delivery attempts, force majeure events, or other events outside our reasonable control.
Once products are transferred to the shipping carrier, risk of loss or damage may pass to you to the extent permitted by applicable law. However, nothing in these Terms limits any rights you may have under applicable consumer protection laws.
You are responsible for ensuring that the shipping address you provide is accurate and complete. Additional costs arising from incorrect or incomplete shipping information may be charged to you where permitted by law.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos, audio, design, layout, selection and arrangement thereof, are owned by Oryzom AU, its affiliates, licensors or content providers and are protected by applicable intellectual property laws in Hong Kong and other jurisdictions.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, scrape, copy, sell, resell or transmit any material on the Services without our prior written consent, except as permitted by applicable law.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any trademark, copyright, design right, patent or other intellectual property right of Oryzom AU, Shopify or any third party. Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted herein are reserved by Oryzom AU.
Oryzom AU’s names, logos, product names, service names, designs and slogans are trademarks or trade names of Oryzom AU or its affiliates or licensors. You must not use such marks without the prior written permission of Oryzom AU. Shopify’s name, logo, product names, service names, designs and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs and slogans on the Services are the trademarks or property of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control and for which we do not have input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind, except to the extent required by applicable law. We shall have no liability arising from or relating to your use of optional third-party tools, except to the extent such liability cannot be excluded or limited under applicable law.
Any use by you of optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider.
We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content, accuracy, policies, practices or security of any third-party materials or websites you choose to access. If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages related to your access of third-party websites, or your purchase or use of any products, services, resources or content on third-party websites, except to the extent such liability cannot be excluded or limited under applicable law. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Oryzom AU is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Oryzom AU. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Oryzom AU, including any injury, damage or loss resulting from purchased products and services, except to the extent required by applicable law. You hereby release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with Oryzom AU, to the fullest extent permitted by applicable law.

SECTION 10 - PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal data may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services may be transmitted to and shared with Shopify as well as third parties that may be located in countries or regions other than where you reside, in order to provide services to you. Review our Privacy Policy [LINK] for more details on how we, Shopify and our partners use your personal data.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, photographs, videos, testimonials or other content, collectively “Feedback”, you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, translate, create derivative works from and display such Feedback in any medium for any purpose, including for commercial use, to the fullest extent permitted by applicable law. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms and applicable law. We are and shall be under no obligation: (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property rights, privacy rights, personality rights or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or any third party, except to the extent required by applicable law.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, availability or other matters. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time, including after you have submitted your order, to the extent permitted by applicable law.

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful, fraudulent or malicious purpose; (b) to violate any applicable laws, regulations, rules or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Oryzom AU, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses, malware or any other type of malicious code that will or may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services without our prior written consent; (c) collect or track the personal data of others; (d) spam, phish, pharm, pretext, spider, crawl, scrape or use automated systems to access the Services without permission; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion at any time without notice, where permitted by applicable law. You will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information, except to the extent required by applicable law. Any reliance you place on such information is strictly at your own risk.
Except as expressly stated by Oryzom AU, and to the fullest extent permitted by applicable law, the Services and all products offered through the Services are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, whether express or implied.
Nothing in these Terms is intended to exclude, restrict or modify any rights, warranties, conditions or guarantees that cannot be excluded, restricted or modified under applicable law, including any applicable rights under Hong Kong law. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so parts of the above disclaimer may not apply to you.

SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no case shall Oryzom AU, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, be liable for any indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort, negligence, strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law. Any exclusions or limitations of liability in these Terms apply only to the extent permitted by applicable law and shall be subject to any applicable reasonableness requirement under Hong Kong law.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Oryzom AU, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party due to or arising out of: (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, not to be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you, to the extent permitted by applicable law.

SECTION 21 - GOVERNING LAW AND JURISDICTION
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hong Kong.
You and Oryzom AU agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong in relation to any dispute, claim or matter arising out of or in connection with these Terms, the Services, or any purchase made through the Services. Nothing in this section limits any rights you may have under mandatory consumer protection laws that apply in your country or region of residence.

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms where required by applicable law, and such changes will be effective on the date specified in the notice or, if no date is specified, when posted on the Services. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@oryzom-shop.com.