TERMS OF SERVICE

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SECTION 1 - ACCEPTANCE OF TERMS

Welcome to the Susukoshi website, www.susukoshi.com, owned and operated by Susukoshi Pty Ltd and throughout the site, the terms “we”, “us” and “our” are referring to Susukoshi Pty Ltd. Our offer within the website, including all information, tools and services available for you and are conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Our store is hosted on Shopify Inc which provide us with the online e-commerce platform that allows us to sell our products and services to you.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.

 

SECTION 2 -PRODUCT, CONTENT, AND SPECIFICATIONS (OR TERMS OF SALE)

a. All products (the goods and services) on the website are sold on these Terms of Service. Please review our Terms of Service each time you use this website since we may modify these Terms of Service without prior notice.

b. By purchasing our goods and services means that you are agreeing to our Terms of Service.

c. We have made every effort to accurately display the colors and attributes of our products; however, The actual colors you see will depend on your computer system and we cannot guarantee that your computer monitor will accurately display such colors.

d. This website and Susukoshi Pty Ltd reserves the right to refuse service, terminate accounts, as well as cancel the orders.

e. All features, specifications, content, and prices described and specified in this website are subject to change at any time without notice. Measurements, descriptions, or recommendations are approximate and are provided for convenience purposes only.

 

SECTION 3 - ONLINE SALES

a. By placing an order, you warrant that you are over 18 years of age and providing accurate, truthful information to place the order.

b. You are responsible to maintain the confidentiality of your account, as well as password information. Any activities occur under your account and password are bind to your responsibility.

c. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

d. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 For more detail, please review our Returns Policy.

 

SECTION 4 - GENERAL CONDITIONS

a. When you visit our website or send email to us, you consent to receive electronics communications from us and agree that all agreements and notices we sent satisfy any legal requirement that such communications be in writing.

b. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in a legal.

 

SECTION 5 -  ACCURACY OF BILLING AND ACCOUNT INFORMATION

a. You agree to provide current, complete and accurate details and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

b. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

c. Reproduce, duplicate, copy, sell, resell or exploit any portion of the Goods and Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us, is prohibited.

 

 

SECTION 6 - DUTIES AND TAXES


You are responsible for duties and taxes outside Australia. All items entering a foreign countries are subject to customs inspection and assessment for duties and taxes.

 

SECTION 7 - TRADEMARK

Material on this website, including but not limited to images, texts, images, clips, and illustrations, is subject to the trademark rights under Australia laws. Consequently, the material on this website may not be downloaded, uploaded, copied, printed, modified, deleted, published, transmitted, posted, reproduced, distributed, in whole or in part in any form whatsoever, without the prior written consent of the Susukoshi Pty Ltd. All rights reserved.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

a. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

b. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. 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 should be directed to the third-party.

 

SECTION 8 - USER CONTENT AND MATERIAL

a. We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, suggestions, ideas, feedback, concepts, questions, data or other content that you (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, which are tagged with #susukoshibaby or any other Susukoshi promoted hashtag (collectively "User Content") shall be deemed non-confidential and non-proprietary.

b. By submitting or posting any User Content, you grant Susukoshi and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name or characteristic included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or non-commercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

a. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (i) to maintain any comments in confidence; (ii) to pay compensation for any comments; or (iii) to respond to any comments.


b. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.


c. You agree that your comments 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 comments 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 Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

a. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).


b. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

c. Susukoshi is not responsible for any potential reactions, allergic or otherwise, that you experience when purchasing our products. Our products comply with all required regulations as to fabric content. If you have questions about particular fabrics and potential allergies, we suggest you consult with your physician before making a purchase via this website.

 

SECTION 11 - PROHIBITED USES

In addition to other prohibitions in this Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

a. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.


b. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Susukoshi Pty Ltd; the directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, 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 any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


SECTION 13 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Susukoshi and our families, 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.

 

SECTION 14 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless 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 15 - TERMINATION

a. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either party.


b. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, 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).

 

SECTION 16 - ENTIRE AGREEMENT

a. These Terms of Service and/or operating rules on this site with respect to the Service constitutes the entire agreement and understanding between the parties.

b. These Terms of Service govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between parties (including, but not limited to, any prior versions of the Terms of Service).

b. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 17 - GOVERNING LAW

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 1/120 Woods Street Newport Victoria AU 3015.


SECTION 18 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@susukoshi.com.

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