Terms & Conditions
Introduction
I.GENERAL
B. AGREEMENT
II. PURCHASE
A. PRICES AND PAYMENT
(i) General. You can purchase our products and services via the Sites by completing the applicable purchase form and providing the requisite billing information. You acknowledge and agree that all such billing information that you provide is accurate, current and complete. By purchasing any Site Offerings via the Sites, you confirm you understand the function of such product and/or service as set forth on the Sites and intend to use it only for such purpose. When you purchase products, you authorize your credit card, debit card and/or any other payment option provided by you (as permitted by INFINITI MASSAGE CHAIRS AUSTRALIA in its sole discretion (collectively, “Payment Method”) on the form or updated at a later date to be charged the applicable amount during the stated timeframe. You represent and warrant that you have the legal right to use the Payment Method you provide to us or our payment processor. Prices do not include applicable taxes and are in AUD. We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue, modify, or limit the available quantity of, any Site Offerings, and (b) refuse to allow any user to purchase any Site Offerings or deliver such Site Offerings to a user or a user designated address. When you purchase Site Offerings, you (a) agree to pay the price for such Site Offerings as set forth on the Sites, and all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”), and (b) authorize us to charge the provided Payment Method for the Full Purchase Amount. Prices do include applicable taxes. Charges associated with your purchases will appear on your Payment Method statement through the identifier “Infiniti Massage Chairs.” OTHER THAN AS EXPRESSLY SET FORTH HEREIN TO THE CONTRARY, ALL SALES OF PRODUCTS ARE FINAL AND NON-REFUNDABLE
(ii) Discounts. INFINITI MASSAGE CHAIRS AUSTRALIA may offer, in our sole discretion, reduced and/or sale pricing, e-gift codes, free products, discounts for Auto-Refill, first-time or other types of orders, and/or other promotions from time-to-time (“Promotions”). We reserve the right to terminate any Promotion at any time. Unless superseded by a Promotion’s explicit terms, Promotions (a) apply to online orders only, (b) cannot be combined with other Promotions, and (c) do not apply to sale items, promotional kits, Try Before You Buy orders, products recommended through our quizzes, shipping charges and taxes. Discounts that are restricted to your first-time orders are limited to the first order from a unique account using a unique payment method with delivery to a unique address and cannot be reused if you return your first purchase.
(iii) Free Shipping within 100 kms of metro area qualify for free standard shipping.
(iv) Changes and Pricing. We may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Site Offerings. While we attempt to be as accurate as we can in our descriptions for the Site Offerings, we do not warrant that Site Offerings descriptions are accurate, complete, reliable, current, or error-free. If a Site Offering itself is not as described on the Sites, your sole remedy is to return it (for physical products, in unused condition). The inclusion of any Site Offerings for purchase through the Sites at a particular time does not imply or warrant that the Site Offerings will be available at any other time. We reserve the right to change prices for Site Offerings displayed on the Sites at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new Site Offerings prices to the Sites and/or upon making the customer aware of the pricing error.
B. USE RESTRICTIONS
C. BILLING
(i) General. Failure to use the products does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the billing provisions of INFINITI MASSAGE CHAIRS AUSTRALIA in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), INFINITI MASSAGE CHAIRS AUSTRALIA reserves the right to change its billing provisions whenever necessary, in its sole discretion. Continued use of the Sites and/or purchase of products after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the billing provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
INFINITI MASSAGE CHAIRS AUSTRALIA’s authorization to provide and bill for the products is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. INFINITI MASSAGE CHAIRS AUSTRALIA’s reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically pre-empt all state laws that recognize only paper and handwritten signatures.
The risk of loss and title for the products purchased by you passes to you upon delivery of the products to our designated carrier but we reserve the right to remedy user issues and concerns with our designated carriers on a case-by-case basis.
(ii) InfinitiPay. You may purchase certain Site Offerings using our “InfinitiPay” subscription option as made available by and through the Sites. In connection with an Payment Plan subscription, subject to approval by INFINITI MASSAGE CHAIRS AUSTRALIA. Your Payment Plan subscription, while it remains active, serves as your authorization for INFINITI MASSAGE CHAIRS AUSTRALIA to make recurring charges based on the total purchase price of the Site Offerings you select, plus tax and any applicable shipping charges, to your selected Payment Method for each payment. Your selection of a InfinitiPay subscription serves as your authorization for INFINITI MASSAGE CHAIRS AUSTRALIA to create, with the information that you provide during application and may have provided earlier, an Account on your behalf from where you can manage your subscription. A condition of enrolment for Infiniti Pay subscription program is keeping a valid credit card on file in your Account. The actual cost of each repayment may vary depending upon applicable taxes, and your chosen frequency and method of delivery. These recurring amounts will be charged upon shipment of the subject Site Offering order. You acknowledge and agree that INFINITI MASSAGE CHAIRS AUSTRALIA does not need to obtain any additional authorization from you for the recurring charges. We reserve the right to cancel an “InfinitiPay” subscription at any time, in our sole discretion. All Site offerings under InfinitiPay belong to INFINITI MASSAGE CHAIRS AUSTRALIA until such time your subscription option has been paid in full. We reserve the right to authorize our agents and local law enforcement to collect any of our Site offerings in the event of non-payment and default and may report your account to the relevant credit reporting bureau’s.
(iii) Inhouse Trials
You may purchase certain products using our “Inhouse trial” option as made available by and through the Sites. By placing a Try Before You Buy order, you authorize us to charge your Payment Method immediately for a nonrefundable original shipping fee and to charge the full price of any or all products for which you do not initiate a return or exchange from. You acknowledge and agree that INFINITI MASSAGE CHAIRS AUSTRALIA may keep your credit card on file for the Trial Period and does not need to obtain any additional authorization from you to charge for products not returned during that Period. Products purchased after the Trial Period are not eligible for a refund. Your Payment Method may be subject to preauthorization, a temporary hold, for the full purchase price of your inhouse trial, which may reduce the available balance or credit limit of your Payment Method for the duration of the temporary hold.
D. ORDER ACCEPTANCE; SHIPPING
Once we receive your order for a Site Offering, we will provide you with an order confirmation. Your receipt of an order confirmation, however, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. We reserve the right at any time after receiving your order to accept or decline your order for any reason and in our sole discretion. If we cancel an order after you have already been billed, then we will refund the billed amount. We are unable to cancel or edit orders at your request once placed. Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and, the portion of any order that is partially shipped may be charged at the time of shipment. All orders are shipped using one of our third-party couriers. Online tracking may be available at our courier’s website (for example, FedEx), though we make no warranties regarding its availability because it is not under our control. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific date or time. Shipments that are lost or arrive damaged are the liability of our designated carrier. We may assist you in making a claim for a refund. If your shipment is lost or arrives damaged, please keep the box, packing materials and the item(s) inside and contact us with a picture, as applicable. Lost packages that are documented as delivered by our designated carrier are only eligible for replacement. We are not responsible for shipments undelivered due to incorrect shipping information. In furtherance of our policy of not collecting personal information from persons under the age of 13, you are not allowed to give us the personal information of any persons under the age of 13 for delivery or shipping purposes or any other reason.
E. RETURNS
Original shipping costs are always non-refundable. Try Before You Buy Site Offerings are subject to the Trial Period returns policy. All orders within are final sale. All other Site Offerings purchased at checkout, excluding InfinitiPay orders, must be returned or exchanged within thirty (30) calendar days from the purchase date to qualify for a refund or exchange, unless otherwise stated on the Sites. For InfinitiPay orders the applicable period is fourteen (14) calendar days from the purchase date. Discounted merchandise and/or orders placed using an e-gift code are not eligible for exchange. Qualifying returns for such products will only be refunded the discounted amount paid, excluding any applied e-gift code and any original shipping costs, both of which are always non-refundable. All free orders are not eligible for returns or exchanges. We do not offer price adjustments on previously purchased items.
To make returns, email hello@infinitimassagechairs.com.au enter the order number and email address associated with the order, select the item(s) you would like to exchange or return, and print a prepaid return label. Only one return label can be downloaded per order. Returns must (i) be carefully packed in the original packing; (ii) have the prepaid return label properly affixed to the outside of the package, and (iii) be properly dropped at the courier specified on your return label. Free return shipping is only available for customers who use our prepaid return label and follow our returns process. Any other return shipping process will be at your own expense and not eligible for any reimbursement. We are not responsible for returns lost in transit or not received due to any error in following our returns process. It can take up to two weeks to process returns and credit your account or issue online store credit. Your financial institution may take longer to reflect the transaction.
III. INTELLECTUAL PROPERTY
A. OWNERSHIP
All information and content available on the Sites and its look and feel, including, but not limited to, the Site Offerings, trademarks, copyrights, trade names, logos, service marks, features, functions, text, graphics, video, logos, button icons, images, audio clips, data compilations and software, any information and content regarding Site Offerings, and the compilation and organization thereof and other intellectual and proprietary rights throughout the world (collectively, the “Site Content”) is the property of INFINITI MASASGE CHAIRS AUSTRALIA or our parents, subsidiaries, affiliates, partners or licensors, and is protected by Australia and international rights and laws, including laws governing copyrights and trademarks and applicable intellectual property. You agree that we and/or our licensors own all right, title and interest in and to the Sites and Site Content (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Sites and Site Offerings other than User Content as defined below), including, without limitation, the exclusive right to create derivative works.
Except as set forth in Section III.C., or as required under applicable law, the Sites may not be used, reproduced, published, distributed, displayed, used to create derivative works, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
B. LIMITED LICENSE; USE RESTRICTIONS
Subject to your compliance with these Terms and Conditions, we grant you a personal limited, revocable, non-transferable, non-assignable, non-sublicensable and non-exclusive license to access and make use of the Sites and Site Offerings. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Sites:
- frame or utilize framing techniques to enclose the Sites or any portion thereof;
- use any meta tags, meta elements, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Sites, Site Offerings, Site Content (except caching or as necessary to view the Sites), or the personal information of others without our prior written permission or authorization;
- make any use of the Sites, Site Offerings, or any Site Content other than for personal use;
- modify, reverse engineer or create any derivative works based upon the Sites, Site Offerings, or any Site Content;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- use any automated means (such as robots, spiders, scripts, or other devices or programs) to access the Sites, Site Offerings, or collect any Site Content;
- engage in any “screen scraping,” “database scraping,” or similar activities to obtain any Site Content from the Sites;
- accumulate or index, directly or indirectly, any Site Content or portion of the Sites and/or Site Offerings for any commercial purpose whatsoever;
- “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
- intentionally violate any applicable local, state, national or international law;
- transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Sites and/or Site Offerings; and/or
- engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.”
We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the homepage of the Sites for personal, non-commercial use only. A website that links to the Sites: (i) may link to, but not replicate, any and/or all Site Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us, the Site Offerings or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Sites other than the homepage. We may, in our sole discretion, request that you remove any link to the Sites, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Sites, Site Offerings and/or any Site Content automatically terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or the Terms and Conditions.
C. COPYRIGHT INFRINGEMENT NOTICES
We respect the intellectual property of others and require that users of the Sites do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Sites’ use privileges of users who are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act (“DMCA”), if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent (listed below) for notices of infringement and provide the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
- Identification of the copyrighted work(s) that you claim has been infringed;
- A description of the material that you claim is infringing and the location of that material on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Designated Agent for notice for claims of copyright infringement is Chief Legal Officer. Infiniti Massage Chairs Australia , GPO Box 4421 Melbourne Victoria 3001 . Email: legal@infinitimassagechairs.com.au Telephone: +61 1800 960 809.
THIS CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING INFINITI MASSAGE CHAIRS THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY EMAIL TO hello@infinitimassagechairs.com.au.
A user of the Sites who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.
D. DISCLAIMER OF WARRANTIES
THE SITES, SITE OFFERINGS, CONTENT AND RELATED PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS AND CONDITIONS, THE SITES, SITE OFFERINGS, SITE CONTENT OR RELATED PRODUCTS AND SERVICES.
Without limiting the foregoing, to the maximum extent permitted under applicable law, INFINITI MASSAGE CHAIRS AUSTRALIA, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “IMPERIAL DIAMOND INVESTMENT Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
YOU AGREE THAT NONE OF THE INFINITI MASSAGE CHAIRS AUSTRALIA Entities or their LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (i) INTERRUPTION OF BUSINESS; (ii) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITES AND/OR SITE OFFERINGS; (iii) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (iv) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY MATERIALS OR OFF-WEBSITE LINKS ON THE SITES; (v) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITES AND/OR SITE OFFERINGS, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (vi) ANY INACCURACIES OR OMISSIONS IN SITE CONTENT; OR (vii) EVENTS BEYOND OUR REASONABLE CONTROL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SPOILEDCHILD® ENTITIES OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.
E. ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our Site Offerings on the Sites and matching you to products through our Sales Agents; provided, however, that we do not warrant that the product descriptions, colours, information or other Content available on the Sites are accurate, complete, reliable, current, or error-free, except as otherwise stated herein.
This Sites may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies and omissions (including after an order has been submitted) and to change and update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
F. LIMITATIONS OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITES AND/OR SITE OFFERINGS, OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED FIVE HUNDRED DOLLARS ($500.00).
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITES, SITE OFFERINGS AND/OR THE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITES AND/OR SITE OFFERINGS, TERMINATION OF YOUR USE OF THE SITES AND SITE OFFERINGS IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
G. COMPREHENSIVE WARRANTY PERIOD
- 7 years of comprehensive warranty: Inclusive of repairs, parts and labour costs.
- Warranty commences from the date of delivery.
- Defects under normal use within the warranty period will be repaired or replaced where applicable.
- Warranty covers all electrical, and mechanical parts.
- Warranty only applies to domestic residential use.
- Warranty does not cover cosmetic wear and tear from regular use.
- Warranty does not cover any defects caused by accidental, misuse, improper installation, unauthorised alterations or maintenance.
- Warranty does not cover damages caused by natural disasters.
- All installations should only be performed by technicians that are authorised by INFINITI MASSAGE CHAIRS AUSTRALIA.
- INFINITI MASSAGE CHAIRS AUSTRALIA reserves the right to change the terms and conditions of this warranty policy without further notice.
H. MISCELLANEOUS
Nothing contained in the Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of the Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render the Terms and Conditions unenforceable or invalid as a whole but the Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
These Terms and Conditions and the licenses granted hereunder may be assigned by INFINITI MASSAGE CHAIRS AUSTRALIA but may not be assigned by you without the prior express written consent of INFINITI MASSAGE CHAIRS AUSTRALIA. These Terms and Conditions are governed by the laws of Australia, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in the Section VII, or if arbitration does not apply, then the state and federal courts located in Australia.
You and INFINITI MASSAGE CHAIRS AUSTRLIA agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms and Conditions.
I. HOW TO CONTACT US
If you have any questions regarding the Terms and Conditions, you may contact us at: Infiniti Massage Chairs Australia, GPO Box 4421, by telephone at: +61 1800 960 809 or by email at hello@infinitimassagechairs.com.au.