Terms of service

Website Terms of Use

This Site is owned and operated by Sozo Australia Holdings Pty Ltd ABN 88 607 816 946.

Use of this Site is subject to these Terms of Use.

Sozo Australia is not liable to you or any other for any loss in connection with the use of this Site or a linked Site. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers. Please read the full Terms of Use.

Please note: Sozo Australia reserves the right to amend the Terms of Use at any time. However, since you are bound by these Terms of Use, you should periodically refer to them.

By accessing or using the Site (including placing an Order for the purchase of products through the website or linking this Site from third party websites), you are undertaking and acknowledging to Sozo Australia that you have read and understood these materials, and agree, without limitation or qualification, to be bound by these Terms of Use. If this is not correct, or you do not agree to any aspect of these Terms of Use, please immediately leave the Site, and do not access or use it.

Purchases

All product prices stated are in Australian Dollars, and unless otherwise expressly indicated, include GST but exclude handling and delivery charges. Handling and delivery charges will be calculated once you have selected your preferred delivery options and will be displayed on-screen for you at the checkout, just before you are asked to confirm and submit your Order. You agree to pay all GST, handling and delivery charges in respect of any products you order.

Sozo Australia reserves the right to change or alter prices of products without notice. The price payable by you for a product will be the price applicable at the time you submit your Order.

The price payable for Orders, including all GST, handling and delivery charges will be charged in full at the time an Order is placed. Payment must be cleared before products will be dispatched by Sozo Australia for delivery.

You must pay for products using a credit card of a type accepted by Sozo Australia, as indicated on the Site. Sozo Australia does not accept cheque, money orders, cash, electronic funds transfers, or any other form of payment for products. For security, if you pay by credit card, Sozo Australia requires that your billing name and address match that of the credit card used for payment, and reserves the right to cancel any Order which does not meet this requirement.

Sozo Australia uses the online payment gateway systems operated by Shopify Payments to facilitate the making of payments through the Site. If you do not agree to the use of the Shopify Payments system you will be unable to purchase products through the Site.

E-Gift Cards

Sozo Australia offers e-gift cards (hereinafter referred to as "E-Gift Cards") which can be purchased and redeemed on the Site. E-Gift Cards are available in predetermined values of $50, $100, $150, $200 and $250.

E-Gift Cards are valid for a period of 36 months from the date of purchase, unless otherwise specified by law.

The E-Gift Cards are not reloadable or redeemable for cash and cannot be returned or exchanged for a cash refund, except as required by law.

When redeeming an E-Gift Card, if the total value of the purchase exceeds the amount of the E-Gift Card, the balance must be paid by the purchaser using a credit card or other accepted payment methods. Any unused balance will be placed in the customer’s E-Gift Card account and is not transferable. The original expiration date will apply to any unused balance.

E-Gift Cards will be delivered electronically via email to the purchaser or designated recipient. Sozo Australia is not responsible for E-Gift Cards that are undeliverable or not received due to the purchaser’s or recipient’s failure to enter an accurate email address.

Sozo Australia is not responsible for lost or stolen E-Gift Cards. Lost or stolen cards will not be replaced.

E-Gift Cards are only redeemable for purchases made on the Sozo Australia website and cannot be used for purchases made at physical retail locations or third-party websites.

Sozo Australia reserves the right to change the E-Gift Card terms and conditions from time to time at its discretion. Notice of any such changes will be provided on the Site. Your continued use of the Site following the posting of any changes will constitute your acceptance of such changes.

Discount Codes

We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Site. The conditions of use relating to any discount code will be specified at the time of issue.

Product Availability

Whilst we try and ensure that all details, descriptions and prices which appear on the Site are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any products which you have ordered we will email you to inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we do not receive a response from you within seven (7) days, you we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.

The Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any Orders that you may place based on information on the Site that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

If a product is not in stock at the time of your Order, you will be notified this by email, and advised of the expected shipment date. Your Order will be fulfilled once new product stock is received. You may at any time prior to shipment cancel an Order for a backordered item, as specified in Section (f) below and a refund for the price of the product will be made to you.

From time to time, Sozo Australia may make available certain new products for advanced purchase or pre-order. These products will be dispatched as soon as they are available. Sozo Australia will keep you updated as to the status of any advance purchases or pre-orders of products you make through the Site via email. Your Order will be fulfilled by Sozo Australia once stock of the new product is received. Orders for products via advanced purchase or pre-order cannot be cancelled before the products are dispatched, unless Sozo Australia is of the opinion that it cannot reasonably fulfil your Order.

Orders

You must be at least eighteen (18) years of age to place an Order for products with Sozo Australia. By submitting an Order, you warrant and represent that you are at least 18 years old.

The information available on the Site constitutes an invitation to treat, and does not constitute an offer by Sozo Australia to sell any products to you. By submitting an Order for products and making payment of the price through the Site, you are making an Offer to Sozo Australia to purchase the products selected for the price paid, on these Terms of Use and to the exclusion of all others. A contract between you and Sozo Australia, for the supply by Sozo Australia, and the purchase by you, of the products selected in your Order will come into effect only once your Order has been accepted by Sozo Australia.

You acknowledge and agree that Sozo Australia will only be considered to have accepted your Order when it provides you with confirmation of receipt of your Order. If you do not receive such confirmation from Sozo Australia within 24 hours of placing your Order, your Order will be deemed to be rejected (except where non-receipt by you of a confirmation during this period is due a technical difficulty experienced by Sozo Australia), and Sozo Australia will refund to you the payment of the price you have made in full. In the event that your Order is cancelled by Sozo Australia following acceptance, Sozo Australia will refund to you the payment you have made in full.

Sozo Australia reserves the right to refuse to accept Orders, or to cancel Orders once accepted, in its sole discretion. Sozo Australia will notify you if any Order you place is cancelled or rejected.

Please ensure that the delivery address and recipient details listed in your Order are accurate and complete, as Orders and details are unable to be changed once an Order has been placed. Sozo Australia will not accept responsibility for late delivery, or non-delivery, due to incomplete or incorrect details being provided.

Delivery

These Terms of Use incorporate our Delivery Policy which can be found here. By using the Site you agree that the Delivery Policy will apply to all Orders placed by you through the Site.

Returns

These Terms of Use incorporate our Returns Policy which can be found here. By using the Site you agree that the Returns Policy will apply to all Orders placed by you through the Site.

Accounts

You can choose to register an account at the Site if you are over eighteen (18) years of age. Do not register if you are not over eighteen (18) years of age. If you are over eighteen (18) years of age and do register, you must select a username and password for your account, and are solely responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer and account. When creating and using your account, you must at all times ensure your account information is current, complete, accurate and truthful. Our Privacy Policy applies to any personal information you submit during the account creation process or during your use of your account.

You agree to accept sole responsibility for all activities that occur under your account, username and/or password, including but not limited to all purchases of Products. If you are accessing and using the Site on someone else's behalf, you represent that you have the authority to bind that person as principal to all aspects of these Terms of Use, and to the extent you do not have such authority you agree to be bound to these Terms of Use and to accept liability for any damage, costs, liability or other harm caused by any wrongful use of the Site or any content resulting from such access or use.

You acknowledge and agree that you are liable to Sozo Australia for any losses or damage sustained by us directly, indirectly, consequentially, or in any other way, as a result of any unauthorised use of your account, username or password, and you may be similarly liable to other third parties. For the avoidance of doubt, you acknowledge and agree that Sozo Australia assumes no responsibility or liability for losses, damages, claims and other harm or causes of action resulting from unauthorised use of your account, username or password.

Sozo Australia reserves the right to refuse to sell products or to provide access to the Site or services and/or to terminate accounts at any time without prior notice, including but not limited to if you or someone using your account breaches any aspect of these Terms of Use.

Affiliate Program

Sozo Australia may, from time to time, participate in an affiliate program operated by GoAffPro.com (Affiliate Program). The terms and conditions of your and Sozo Australia’s participation in the Affiliate Program are set out on the GoAffPro.com website here.

The Affiliate Program is provided on an “as available” basis and Sozo Australia cannot guarantee that the Affiliate Program will always be available, uninterrupted or error free. Sozo Australia will not be liable if, for any reason, the Affiliate Program is unavailable or contains errors at any time or for any period.

Sozo Australia reserves the right to suspend, restrict access to or terminate the Affiliate Program at any time in its sole discretion.

Sozo Australia will not be liable to make payments to you pursuant to the Affiliate Program due to errors made by GoAffPro.com or where you use the Affiliate Program for unlawful purposes or for the purpose of defrauding Sozo Australia.

By participating in the Affiliate Program you represent, warrant and declare to Sozo Australia that you are an individual and any supply you make to Sozo Australia pursuant to the Affiliate Program is either: made in the course or furtherance of an activity done as a private recreational pursuit or hobby, or wholly of a private or domestic nature.

If your supply is in the course of carrying on a business in Australia, you must provide Sozo Australia with your Australian Business Number. Without prejudice to its other rights, Sozo Australia may deduct from future payments to you any amounts required to be withheld pursuant to law by virtue of your supply not being in your individual private capacity.  

Subscriptions

Sozo Australia may from time to time offer certain products for purchase on a subscription basis (Subscription Products).

At the time of checkout or purchase, you may elect to subscribe for recurring purchases of one or more Subscription Products. By selecting a subscription option, you authorise Sozo Australia to process recurring payments for the relevant Subscription Products at the interval selected by you.

Recurring purchases will occur at the interval(s) selected by you at the time of subscription. For example, if you select a monthly subscription, a recurring purchase will occur on the corresponding date in each subsequent month (or, where a corresponding date does not exist, on the next available day of the relevant month).

The price payable for each recurring purchase will be the price applicable to the relevant Subscription Product at the time the recurring purchase is processed. Sozo Australia reserves the right to change the price of Subscription Products from time to time in accordance with these Terms of Use.

Where Sozo Australia proposes to change the price of a Subscription Product, Sozo Australia will provide you with not less than thirty (30) days’ prior written notice of the proposed price change by email to the email address provided by you when signing up for the subscription. The notice will specify the date on which the new price will take effect. If you do not wish to continue your subscription at the revised price, you may cancel your subscription by emailing info@sozoaustralia.com prior to the effective date of the price change. You may also cancel your subscription through the links contained in your order confirmation emails. If you do not cancel your subscription before that date, you will be deemed to have accepted the revised price and authorise Sozo Australia to charge the updated price for all recurring purchases processed on or after the effective date.

Payment for each recurring purchase will be charged automatically to the credit card or other payment method nominated by you at the time of subscription (or as subsequently updated by you through your account, if available). You must ensure that your payment details remain current and valid at all times. If a recurring payment is declined, Sozo Australia may suspend or cancel your subscription in its discretion.

Subscription Products will be dispatched by Sozo Australia as soon as practicable after receipt and processing of each recurring purchase. Where a recurring purchase occurs on a weekend or public holiday, Subscription Products will be dispatched as soon as practicable on the next business day.

Your subscription will continue until you notify Sozo Australia that you wish to cancel it. You may cancel your subscription at any time by emailing info@sozoaustralia.com or by managing your subscription using the links contained in order confirmation emails. Cancellation will take effect from the next recurring purchase date, provided that your cancellation request is received prior to the processing of that recurring purchase.

You may also pause your subscription or skip a future recurring purchase at any time by emailing info@sozoaustralia.com. Any pause or skip request must be received prior to the relevant recurring purchase date in order to take effect for that purchase.

You will not be entitled to a refund in respect of any recurring purchase where you have not cancelled, paused or skipped the relevant recurring purchase prior to the recurring purchase date.

You must not charge back, cancel, reverse or de-authorise any credit card or bank account charge used to make recurring payments for Subscription Products, except where we have breached these Terms of Use. If you do so, Sozo Australia will be entitled to recover from you the amount of any chargeback, reversal or associated fees incurred by Sozo Australia, including by adding such amount(s) to any future recurring payments or by otherwise recovering the amount as a debt due and payable.

Sozo Australia will not be liable under any direct debit arrangement or other agreement between you and any payment provider, including for any fees, charges or penalties applied by such payment provider in connection with recurring payments.

Sozo Australia reserves the right, in its sole discretion, to suspend or cancel any or all subscriptions at any time. Any recurring purchases processed prior to such suspension or cancellation will be fulfilled in accordance with these Terms of Use. Where Sozo Australia elects to suspend subscriptions, it may elect to resume them at any time. Sozo Australia will notify you of any suspension or cancellation of your subscription by email to the address provided by you when signing up for the subscription.

Without limiting any other provision of these Terms of Use, Sozo Australia may suspend or cancel your subscription if you breach these Terms of Use.

All other provisions of these Terms of Use, including (without limitation) those relating to Purchases, Delivery, Returns and Limitation of Liability, apply to Subscription Products.

Intellectual Property

The intellectual property rights in all software and content, including the Sozo Australia brand and all other trade marks, trade names and logos made available to you on or through this Site remain the property of Sozo Australia or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Sozo Australia and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise.

Prohibitions

You must not misuse this Site. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Site; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Site. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any website linked to it.

Third Party Sites

You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

We reserve the right to withdraw linking permission without notice. If linking permission is withdrawn, you agree that you will immediately remove any such links upon receipt of notice that linking permission has been withdrawn.

If we link to other websites, we take no responsibility for the content of, and make no representations as to the accuracy of any third party websites we make link to from this Site.

Indemnity

You agree to indemnify, defend and hold harmless Sozo Australia, its proprietors, directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Site or your breach of these Terms of Use.

Limitation of Liability

Sozo Australia makes no warranties in relation to itself, the Site or the products which are offered for sale and, to the maximum extent permitted by law, Sozo Australia disclaims and excludes from these Terms of Use, all conditions, warranties and terms implied by statute, general law or custom, except any Non-Excludable Conditions.

The maximum aggregate liability of Sozo Australia to you or any third party is limited to:

1. for a breach of contract, tort, statute or otherwise, or a breach of a Non-Excludable Condition, and where such breach relates to products – suppling those products again or paying the reasonable cost of having those products supplied again; or
2. otherwise – the Maximum Liability Amount.

To the maximum extent permitted by law, Sozo Australia’s liability to you for any loss or damage shall be reduced proportionally to the extent that such loss or damage was caused by an act or omission by you or any third party.

Sozo Australia shall not shall not be liable for any indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the products sold on this Site or the use, inability to use, performance or failures of this Site and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

Privacy

These Terms of Use incorporate our Privacy Policy, which sets out how we will use your information, can be found here. By using this Site, you consent to the processing of information as described in the Privacy Policy and warrant that all data provided by you is accurate.

Governing Law

These Terms of Use are to be construed in accordance with the laws of Queensland, Australia and in the event of any dispute or claim associated with these Terms of Use or the products sold on this Site, that dispute or claim shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia and courts competent to hear appeals from those courts.

Variation

Sozo Australia may at any time, in its sole discretion, change these Terms of Use at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site, or at such future time as may be indicated in the posting. Your continued use of the Site after a change has been posted to the Site constitutes your agreement to the revised Terms of Use. You acknowledge and agree that to the extent permitted by law, Sozo Australia is under no obligation to notify you when these Terms of Use are amended, and that your continued use of the Site after the amendments have been made will constitute and signify your acceptance of any amendments made from time to time.

Severability

Any provision in these Terms of Use which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms of Use or affecting the validity or enforceability of that provision in any other jurisdiction.

Waiver

If you breach these 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 of Use. Any waiver of any provision of the Terms of Use will be effective only if it is in writing and executed by Sozo Australia.

Entire agreement

The above Terms of Use constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Sozo Australia.

Questions, comments, concerns or complaints

If you have any questions, comments, concerns or complaints regarding these Terms of Use, the Site or products sold by Sozo Australia, please email us at info@sozoaustralia.com.

Definitions

In this website:

“GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

“Non-Excludable Conditions” means an implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth) or similar legislation, the exclusion of which from a contract would contravene any applicable laws or cause any part of these Terms of Use to be void.

“Order” means an order for products available for purchase from Sozo Australia that are placed through this website

“Site” means this website and all of its pages.

“Sozo Australia” means Sozo Australia Holdings Pty Ltd trading as Sozo Australia.com ABN 88 607 816 946.

“Terms of Use” means these Website Terms of Use.

“We” and “us” refer to Sozo Australia and “our” has the same meaning.

“Maximum Liability Amount” is AUD 500.