Terms of Use

 

  • This website is owned and operated by Tokorama
  • By accessing, browsing or using this website, you agree to all terms, conditions and disclaimers.
  • Tokorama may amend these terms and conditions from time to time. Any amendment is effective immediately.
  • In these Terms of Use, we refer to the Tokorama website as the “Site”.

 

These terms and conditions apply to the use of this web site at www.tokorama.com.au and its associated partner web sites. By accessing, browsing or using this website, you agree to all terms, conditions and disclaimers on the www.tokorama.com.au website.

 

Tokorama may amend these terms and conditions from time to time. Any amendment is effective immediately.

 

Use of The Site

 

License & Site Access

 

  • Tokorama grants you a limited, non-exclusive, revocable license to access and make non-commercial use of the Site and not to download (other than page caching) or modify the Site, or any portion of the Site, except with express written consent of Tokorama.
  • Prohibited Uses of the Site
  • The licenses set forth in these Terms of Use do not include any rights to:
  • Interfere or attempt to interfere with the proper operation of the
  • Bypass any measures used to prevent or restrict access to any portion of the Site;
  • Use any robot, spider, data-miner, scraper or other automated means to access the Site or its systems for any purpose or to copy, probe, test or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site;
  • Compile, repackage, disseminate or otherwise use data available on or extracted from the Site, including product information and prices; • reproduce, record, retransmit, sell, rent, distribute, publish, post, or perform any of the content of the Site;
  • Modify, download (other than page caching), reproduce, copy, or resell the Site, the content or any portion or derivative thereof; • copy or download any of the account information of any user of the Site for the benefit of any other person or entity;

 

Each of the foregoing is expressly prohibited unless Tokorama prior express written consent has been given. Any unauthorized use of the Site or any portion or derivative thereof shall terminate any license or permission granted by Tokorama.

 

Termination of Access

 

You agree that Tokorama may, in its sole discretion and without prior notice to you, terminate or suspend your access to all or any part of the Site and your “My Account” without notice, for any reason, including without limitation for, but not limited to the following:

 

  1. Attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so,
  2. Attempting to overcome software security features limiting use of or protecting any content available on the Site,
  3. Discontinuance or material modification of the Site or any service available on or through the Site,
  4. Violations of these Terms of Use or applicable law,
  5. Failure to pay for purchases,
  6. Suspected or actual copyright or trademark infringement,
  7. Unexpected operational difficulties, or
  8. Requests by law enforcement or other government agencies.

 

YOU AGREE THAT TOKORAMA WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE.

 

Intellectual Property Rights

 

User Content Copyright

 

All content included on the Site, including text, graphics, logos, user interfaces, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Tokorama or its suppliers, licensors or content suppliers and is protected by applicable copyright laws. The design, selection, arrangement, coordination and compilation of all content on the Site are the exclusive property of Tokorama and protected by applic, ble copyright laws. All software used on the Site is the property of Tokorama or its software suppliers and protected by applicable copyright laws.

 

Reviews & Other User Content

 

Where allowed on the Site, users may submit reviews, comments, and other content. If you choose to submit such content, 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. You agree that any submissions submitted by you to the Site will be accurate and will not violate these Terms or Conditions or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no submission submitted by you to the Site will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.

 

Tokorama has the right but not the obligation to monitor and edit or remove any activity or content. However, Tokorama does not regularly review posted or submitted content, and is entitled to presume that all submitted content complies with these Terms of Use. All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Tokorama on or by the Site or otherwise disclosed, submitted or offered in connection with your use of the Site shall be and remain Tokorama’ property. Such disclosure, submission or offer of any submissions shall constitute an assignment to Tokorama of all worldwide right, title and interest in all copyrights and other intellectual properties therein. Tokorama will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any submissions. Tokorama will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any submissions for any purpose whatsoever, without restriction and without compensating you in any way. Tokorama is and shall be under no obligation:

 

  1. To maintain any submissions in confidence;
  2. To pay to you or any person or entity any compensation for any submissions; or
  3. To respond to any submissions. In addition, you grant Tokorama and its affiliates and licensees the right to use the name that you submit in connection with such submission, if Tokorama or any affiliate or sub licensee so chooses.

 

Tokorama takes no responsibility and assumes no liability for any content posted on the Site by users or other persons. Any opinions, advice, statements, services, offers or other information are those of the respective authors and not of Tokorama. It is the responsibility of users to evaluate the accuracy, completeness or and usefulness of any opinions, advice or other information posted by customers or other persons on the Site.

 

Tokorama will not assume any liability for any damage resulting from any infringement of copyrights or proprietary rights in any content submitted by users or other persons, or from any other harm arising from any such content.

 

IMPORTANT NOTICE TO CUSTOMERS OUTSIDE OF AUSTRALIA: CUSTOMS ISSUES AND REGIONAL INTELLECTUAL PROPERTY RIGHTS.

 

Tokorama’ product inventory of products, and product listings are subject to change without notice. Tokorama’ customers are located in various parts of the world. As a result, it is impossible for Tokorama to confirm whether import and sale of any of these products may conflict with local exclusive distribution rights in effect from time to time or otherwise constitute a violation of local law. Tokorama makes every effort to ensure that the products it sells are genuine and legitimate. Import and sale of certain of the products offered on the site, however, may not be permissible in all countries. By purchasing a product through the site, you agree that such purchase and the import of such product complies with the laws of the country to which you have requested Tokorama to ship the product, and agree that you will be considered the sole “importer” of the product to your country for all purposes, including customs regulations and copyright and trademark laws.

 

Payment for Products Purchased Through the Site

 

Order Processing, Shipment, Returns, Order Acceptance

 

Tokorama is located in Australia. By displaying products on Tokorama website, Tokorama is making an offer to sell such products only to those who are legally capable of accepting, and do accept, such offer in Australia. If you place an order for products shown on the Site, your order will be deemed an acceptance in Australia of our offer. We may confirm our receipt of your acceptance by sending a confirmation to the e-mail address that you provide.

 

Methods of Payment

 

Tokorama plans to offer a variety of payment methods on the Site for the convenience of customers. Please note that each of the payment methods discussed below may not be available at all times. You agree to pay all fees incurred in connection with your purchases at the rates in effect when the charges were incurred.

 

If you pay by credit card, your card issuer agreement governs your use of your card, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a cardholder.

 

YOU, AND NOT TOKORAMA, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY.

 

You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Tokorama of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you in all respects and for all purposes. If Tokorama does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Tokorama or its agents.

 

For customers in Australia, Tokorama may offer the option to pay by direct deposit to specified bank accounts of Tokorama. Any fees payable in connection with direct deposit including any fees payable by Tokorama` bank must be paid by customers.

 

Unless expressly set forth on the Site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment.

 

Taxes

 

You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Tokorama will automatically charge and withhold any applicable tax for orders to be delivered to any jurisdictions that it deems is required.

 

Currencies

 

All transactions conducted by or with Tokorama, including sales of items shown on the Site and credit for returned merchandise, are made in Australian Dollars.

 

In the event that any such refund were to be made in the future to a customer who had previously paid in a currency other than Australian Dollars and such refund was made through the customer’s credit card, then the credit card issuer would determine the applicable exchange rate at such time as provided above. In no event will Tokorama be liable for fees or charges payable in connection with currency exchange or for any losses incurred as a result of fluctuations in currency exchange rates.

 

Product Descriptions and Prices

 

Products shown on the Site may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products. Tokorama does not represent or warrant that the descriptions of any products shown on the Site are accurate or complete.

 

IF A USER PURCHASES A PRODUCT FROM TOKORAMA THAT IS NOT AS DESCRIBED ON THE SITE, THE USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR TOKORAMA CREDIT IN THE AMOUNT OF THE PURCHASE PRICE.

 

We have made every effort to display the colours of products on the Site as accurately as possible. However, as the actual colours you see will depend on your monitor we cannot guarantee that your monitor’s display of any colour will be accurate.

 

Prices

 

It is possible that the price for a product may increase or decrease between the time that the product is placed in a shopping cart and the time the purchase is actually made. Also, despite our best efforts, a small number of the products on the Site may display incorrect prices. If the price for the product on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Tokorama, Tokorama may either:

 

  1. Contact you for instructions before shipping the product or charging you for such product, or
  2. Cancel the order for such product and notify you of such cancellation. Tokorama will have the right to cancel any orders for products that have been listed at an incorrect price, rebate or refund, or contain other incorrect information or typographical errors or are unavailable for any reason. Tokorama will have this right regardless of whether the order has been confirmed or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, Tokorama will immediately issue a credit to your credit card in the amount of the charge.

 

Passage of Title

 

Title to products, and risk of loss of such products, passes to you upon delivery to the common carrier selected by us to deliver your order. You are obligated to take delivery of any products you order notwithstanding that the quantity delivered may be less than the quantity ordered, provided that any amount charged to you shall be adjusted to reflect such lower quantity. Any such discrepancy in quantity shall not be deemed a material change of the terms of sale nor a breach or repudiation of our agreement to sell products to you.

 

Your Account

 

You are responsible for maintaining the confidentiality of your account and password for the Site, and agree to accept responsibility for all activities that occur under your account or password. You agree to notify Tokorama immediately of any unauthorized use of your account or password, or any other breach of security. You may not use anyone else’s account or password at any time. You may not attempt to gain unauthorized access to the Site. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted in the registration process. You may update your “My Account” information by clicking on the “My Account” link on the Site.

 

Third Party Links

 

The Site may contain links to other websites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of the businesses or individuals operating these websites or the content of these websites. Tokorama does not assume any responsibility or liability for the actions, products, or content of any of these websites. You should carefully review the privacy statements and other conditions of use set forth in such websites.

 

Communications

 

You consent to receive communications from us by e-mail. We will communicate with you by e- mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you in this manner satisfy any legal requirement that such communications be in writing.

 

Disclaimer of Warranties & Limitation of Liability

 

The site is provided by Tokorama on an “as-is” and “as-available” basis. Tokorama makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, or materials included on the site. Tokorama does not warrant that the site, its servers, or e-mail sent from Tokorama are free of viruses or other harmful components. Tokorama will not be liable for any damages of any kind arising from the use of the site, including, but not limited to direct, indirect, incidental, special, punitive, and consequential damages. Without limitation to the foregoing, you expressly agree that your use of the site is at your sole risk. To the full extent permitted by applicable law, Tokorama disclaims all warranties, express or implied, relating to the products sold by it or available on the site, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

 

Applicable Law & Disputes

 

By visiting the Site, you agree that the laws of Australia without regard to principles of conflict of laws will govern these Terms of Use and any dispute of any sort that might arise between you and Tokorama or its affiliates. All transactions concluded through the site, including purchases of products on the site, shall be deemed to be conducted under and governed by the laws of Australasia.

 

Severability

 

If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of the Terms of Use.

 

Delay in Enforcement

 

No delay or failure to take action under these Terms of Use shall constitute any waiver by Tokorama of any provision of these Terms of Use.

 

Complete Agreement

 

These Terms of Use, together with any other policies posted on the Site from time to time, constitute the complete agreement between the parties and supersede all prior agreements or representations between them.

 

Indemnification

 

You agree to defend, indemnify and hold harmless Tokorama and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

 

Modification to Terms of Use

 

Tokorama reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of these Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use.

 

If you ever have questions, we are happy to help. Just send us a message via our contact page.