Terms & Conditions
1. “DYZ” means DYZ Global Trading and Consulting, a business registered in Australia under registration number ABN 83309785934 and having its registered address at 8a North Avenue, Northfield SA 5085, Australia;
2. “Purchaser” means the person, individual or entity who purchased, procured and/or obtained products or services through the products or services listed, advertised or found available in dyzglobal.com which are made available, advertised or marketed by any person including DYZ, individual or entity via the invitation of DYZ or other manner which is not specifically stated herein;
3. “Partner” means the person, individual or incorporated or unincorporated entity who have made available, advertised or marketed any products or services for sale or procurement to the Purchaser via the invitation of DYZ or other manner which is not specifically stated herein;
4. “Terms and Conditions” mean the general terms and conditions set out in this document and (unless the context otherwise requires) any special Terms and Conditions agreed in writing between the Purchaser/user or Partner of the Website and DYZ;
5. “Agreement” means the agreement concerning any activities or conduct via DYZ, howsoever formed or concluded be it in writing or orally or by virtue of conduct;
6. “Writing” includes electronic mail facsimile transmission and any comparable means of communication
1. Thank you for visiting and using our website (“the Website”). The terms and conditions of using the Website shall be governed by the terms and conditions set out herein.
2. DYZ is on online and/or e-commerce Website that facilitates and/or matches planning and purchase of variety of products or services to be made available or offered by DYZ. DYZ sells and/or makes any products or services available for sale or procurement for the Purchaser including but not limited to health, skin care, personal care and baby care related products.
3. DYZ is also a technology entity that provides the Website and enables Purchaser to purchase or procure products or services offer by DYZ and/or our Partner.
4. Upon clicking the acceptance column of the Terms and Conditions in our Website and by virtue of your conduct in browsing, visiting and using the Website, such conduct shall constitute your full consent and agreement to our Terms and Conditions, the Personal Data Protection Policy (“the PDP Policy”) and all other policies (if any), which shall form a legally binding and enforceable agreement between you and DYZ. Further terms on the formation of a legally binding and enforceable agreement have been stated below.
5. If you do not accept any provisions in our Terms and Conditions or PDP Policy, you should immediately cease all usage of the Website and notify us to discontinue of any updates or incoming information which you have chosen to sign up, failing which you shall be deemed to be bound by all the provisions contained in this Terms and Conditions, PDP Policy and all other policies, if applicable.
6. We reserve our right not to accept and process any order, purchase or procurement of any services or goods that made available, found, advertised or marketed via DYZ. Your placing an order for goods or services is subject to our final acceptance. However in the same time, we also reserve the right to discontinue at any time even after your order has been accepted through us and such discontinuance shall be without any liability to us save for refunds based on our refunds policy set out below.
7. Pursuant to the above, you agree to bear any additional fees based on your requests including but not limited to your cancellation of order or customisation requests, if any.
B. FORMATION OF AGREEMENT
8. In DYZ, we trust and believe that in providing and/or offering an online shopping experience and facility to you and by browsing, purchasing or procuring the available products or services offered in DYZ, a contractual and/or intention to create a contractual relationship would have been established between you and us via such conduct.
9. The only agreement that would have been established between the Purchaser and DYZ would be this Terms and Conditions and no other agreements concerning the purchase or procurement of products or services via DYZ.
10. Further, we practice and provide a transparent and reasonable opportunity to you to notice, read and/or agree to our PDP Policy and other terms and conditions stipulated in our Terms and Conditions upon or on or before:
browsing our website; and/or
registered a user account with us.
Upon clicking “Agree” to the PDP Policy and/or the Terms and Conditions, you agree to enter and form a legally binding agreement with us including but not limited to use the Website in accordance to the Terms and Conditions for the goods or services procured through the Website.
11. You agree that by virtue of the aforesaid conduct in accepting the Terms and Conditions and enter into such agreement with us, you have been given sufficient and reasonable notice, opportunity and effort to read the Terms and Conditions and therefore shall not dispute the validity and legality of such agreement.
12. The supply of goods or services by DYZ and/or by our partner to the Purchaser under any agreement shall be subjected to these Conditions which shall govern the agreement to the exclusion of any other Terms and Conditions contained or referred to in any documentation submitted by the Purchaser or in correspondence or elsewhere or implied by trade custom practice or course of dealing.
13. Any information made available in DYZ’s Website connection with the supply of goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. In entering into the agreement the Purchaser acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.
14. No variation to these Terms and Conditions shall be binding unless agreed in writing between the authorised representatives of the Purchaser and DYZ.
15. Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by DYZ in its Website shall be subject to correction without any liability on the part of DYZ .
16. DYZ may provide Purchaser with electronic documents such as tax invoice, receipt, credit note, debit note, or any other document, subject to the standard operating procedure to be observed or amended by DYZ from time to time.
17. If you do not agree to form such agreement with us after browsing, visiting and/or using the Website for procurement or purchase of goods or services after you have made your order, you shall immediately cease from using the Website and notify us in writing about your intention to retract from being bound by such agreement subject to the any policies pertaining to refund or cancellation of order.
18. As such, by browsing, visiting or using the Website after the acceptance of the Terms and Conditions, you confirm your understanding of the Terms and Conditions. DYZ reserves the right to change, modify, alter, add or remove portions of the Terms and Conditions at any time where such modifications will be effective when posted on the Website without particular or specific notice in writing to you. You are advised to check the Terms and Conditions regularly for any recent updates from time to time.
19. It is hereby expressly provides that the agreement between the Purchaser and the Partner would only be formed after the Purchaser purchased or procured the products or services and made full and final payment.
20. For the avoidance of doubt, DYZ shall bear no responsibility or liability on any agreement established between the Purchaser and us. DYZ does not provide indemnity or waiver of claim on such contractual responsibility or liability incurred between the Purchaser and DYZ's partner, if any.
21. DYZ will procure reasonable steps to verify the authenticity and accuracy of the products or services that have been made available, advertised or marketed in the Website. However, DYZ does not accept responsibility or liability towards any discrepancies, inconsistencies, mistake or error of the products or services that have been made available, advertised or marketed in DYZ whether on the content, sales description, warranty period and quality of the products or services which is beyond the reasonable knowledge or inspection or effort of DYZ.
C. LICENSE / PERMISSION TO USE ACCESS & USE THE WEBSITE
22. To use our Website and/or services provided thereof, you must register with us by creating a user account on the Website. You agree to provide honest, complete and updated information about the user account, including but not limited to your registration, payment and parcel collection details. If we have reasonable grounds to suspect that the information and/or data you have provided is misleading, inaccurate or fraudulent, we reserve the right to suspend and/ or terminate your use of our services.
23. You shall be solely responsible for maintaining the confidentiality of the information and activities of your account. The sharing of your account with other persons may cause irreparable harm to us and we shall be indemnified against any loss or damages, including but not limited to loss of profits suffered as a result of the mishandling/ misuse of an account.
24. You shall not create multiple user accounts with the intent to, including but not limited to, abusing our staff or misusing our services. DYZ shall not be liable for any loss or damages arising from your failure to comply with this provision.
25. Upon creating the user account with DYZ, we grant you a non-transferable and revocable license to use the Website, under the Terms and Conditions described, for the purpose of shopping or purchasing for all items sold on the Website. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in writing in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
26. Content provided on this Website is solely for informational purposes. Product representations expressed on this Website are merely for illustration purpose but those product representations would attempt to reflect the actual representation of the products as best as possible. Submissions or opinions expressed on this Website are those of the individual posting such content and may not reflect our opinions.
27. Certain services and related features that may be made available on the Website may require registration or subscription. Should you choose to register or subscribe for any such services or related features; you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes.
28. Every user of the Website is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account.
29. The Website shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
30. Anything that you submit to the Website and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any submission, when you post comments or reviews to the Website, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.
31. You also shall 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 submissions. We may, but shall not be obligated to, remove or edit any submissions.
32. You are prohibited from using the site or its content:
for any unlawful purpose;
to solicit or encourage others to perform or participate in any unlawful acts;
to violate any international, federal, or state regulations, rules, laws, or local ordinances, whichever is applicable;
to infringe upon or violate DYZ’s intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to submit false or misleading information or data;
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 services or of any related website, other websites, or the Internet;
to collect or track the personal information of others by using any methods whatsoever and whether such method is within or beyond the knowledge, control or management of DYZ;
to stalk, harass, or otherwise harm another user of our Services, our employees or third party.
33. We reserve the right to remove any content that is not in accordance to existing laws and regulations or is misleading and inaccurate without further notice.
D. TERMS OF PURCHASE ORDER
Acceptance of Purchase Order
34. The Purchaser is able to purchase or procure products or services at the price and currency displayed at each other page in the Website. DYZ will process your purchasing or procurement order including but not limited to holding your credit card number and/or charge the credit card immediately and notify you on the status of the purchase or procurement.
35. Certain displayed items on the Website might not be manufactured or sold or endorsed by DYZ. It is presumed/deemed that you have full knowledge and understanding of the details of the goods or services you are purchasing or procuring upon submission of your order as we will not be liable for any after-sales issues resulting from misinterpretations of the descriptions and prices of the products purchased.
36. The Purchaser may search for the products or services that are available in the Website and view related information about such products or services. We may also feature an offer as an advertisement on the Website or any other social media mediums but such offer would not form a recommendation or endorsement on such offer.
37. DYZ makes no guarantees or representations on the quality or nature of the products or services made available, advertised or marketed by DYZ.
38. While most goods’ details are accurate, there may exist some with typographical errors/ discrepancies/ mistakes which could be out of the knowledge of DYZ. If there is a difference or discrepancy in the price, DYZ will inform you as soon as possible and you might be given an option to top-up the order’s price difference and reconfirm the order at the correct price, or to cancel the order, depending on the available options or circumstances. We cannot guarantee the accuracy of goods and services’ information, including but not limited to price and stock availability. In circumstances where the order cannot be fulfilled, it may be cancelled and refunded subject to the Terms and Conditions and/or manner stipulated herein.
39. Please note that there are cases when an order cannot be processed for various reasons or due to unforeseen circumstances. The Website reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before DYZ can accept the order.
40. We are determined to provide the most accurate pricing information on the Website to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the Website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion or decision, either to contact you personally by us for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged;
41. Please be informed that DYZ is also a products and services matching e-commerce Website that matches your preference of products or services based on your browsing activity or purchasing behaviour or pattern or style through the Website;
42. The Purchaser agrees and shall indemnify DYZ in full against all losses or damages including but not limited to loss of profit, costs whether incidental or material at all material times in using the Website.
Promotional Campaign / Activities
43. DYZ or its partner may run promotions, subject to additional terms and conditions, which can be found on the Website and are hereby incorporated by reference into these Terms and Conditions. The Terms and Conditions of the individual promotion has to be met before orders are eligible to be made, if any.
44. The promotions may include but not limited to limited-time sales, member-only discounts and promotion codes. DYZ is under no obligation or responsibility to place your order within a stipulated time, and we shall not be held liable should the order not be placed within the promotion period.
45. Should the price has been altered, changed or modified after the promotion period or activity, you will be notified of the price difference and be given option to top-up the price difference to proceed with the order at its non-promotion price, or to cancel order subject to any administrative charges and/or in accordance to the Terms and Conditions stipulated herein and/or any further terms and conditions imposed which might not be under our management, jurisdiction and/or care and control.
46. The following terms shall apply to the use of vouchers, credit points and coupon codes, if any.
We reserve the right to discontinue any vouchers or coupon codes at any time without notice or liability, or whether to extend the validity beyond the stated expiration date:
Vouchers are for one-time use and to offset face value amount during checkout. Cash vouchers may be used as cash but cannot be withdrawn. Cash vouchers might have a minimum spending required under the specific cash off items to get the stated discount. All vouchers have their service life which will be stated on voucher itself;
Our coupon codes normally offer a discount on shipping fee or even the price of the products, depending on the type or nature of the particular promotional campaign and/or activity to be conducted by DYZ from time to time.
47. You will be notified on the promotion campaign and/or activity through the Website from time to time and you shall observe, adhere and/or comply with any further terms and conditions set out by DYZ in conjunction with any promotional campaign or activity.
Promo Code / Voucher
48. Subject to DYZ's discretion and liberty, DYZ may issue Promo Code or Voucher from time to time to enhance your online shopping experience with us.
49. Promo code or voucher is not transferable, exchangeable, convertible or redeemable for cash. Any promo code or voucher must be utilised or used within the time frame or expiry date stipulated on the promo code or voucher itself or by way of announcement in the form of email, advertisement on the Website to be determined by DYZ. DYZ shall not entertain any complaint or dispute regarding any expired or unused promo code or voucher after the stipulated time frame or expiry date.
50. Promo code or voucher may not be combined or accumulated with other offers or promo codes which will be specified by DYZ.
51. Promo code or voucher may only be used pursuant to the specific terms that we establish for such promo code and you must enter the promo code into the “Promo Code” field or any other place designated or specified by DYZ prior to completing the order.
52. Each promo code has its value in Australian Dollar or any other currencies which would be stipulated by DYZ in advance. For example, a promo code worth AUD10.00 is only applicable throughout the Website regardless whether the Purchaser is either from Australia or other countries who is using DYZ for the best online shopping experience.
53. We reserve the right to withhold, deduct or remove credits or other features or benefits obtained through the use of promo code or voucher by you or any other Purchaser in the event that we determine or believe that the use or redemption of the promo code or voucher was in error, fraudulent, illegal or in violation of the applicable promo code terms or these Terms and Conditions.
54. We reserve the right to change, suspend, cancel and/or waive the promo code or voucher and its applicable terms at any time and from time to time in our sole and absolute discretion without notice to you or liability to us.
55. DYZ does not perform, conduct or responsible for any delivery of the goods or services that are made available, advertised or marketed in DYZ.
56. All performance, conduct or responsibility pertaining to the delivery of products or services that were purchased or procured through DYZ would be borne by our designated delivery partners and not DYZ. Under ordinary circumstances, the Purchaser will be notified by our delivery partners on the terms of delivery before, at or after the purchase or procurement of the products or services made available, advertised or marketed in the Website. Under limited circumstances, the Purchaser can or shall make further delivery arrangement with the delivery partners on the products or services which would not be under the jurisdiction, management, care and control or the knowledge of DYZ.
57. Any other special or private arrangement on the delivery or the terms of delivery would not be made available or privy to DYZ unless DYZ has been notified on such circumstances. Even DYZ has been notified on such circumstances, DYZ does not accept responsibility or liability towards such performance or conduct of delivery.
58. The Purchaser shall exercise due diligence and/or caution in making or arranging delivery or terms of delivery with the delivery partners.
59. Any dates quoted for delivery of the goods in the Website are only estimation, if any. The time for delivery/performance shall not be of the essence of any agreement, and DYZ shall not be liable for any delay or late in delivery or performance howsoever caused by the delivery partners.
60. If the delivery partners have failed to deliver the goods in accordance with the agreement or within a reasonable time after the acceptance and formation of the agreement, it would be a prudent practice for the Purchaser to contact or serve written notice to the delivery partners to demand performance within a specified time thereafter, which we recommend it shall be at least 14 days. DYZ does not accept or bear any responsibility or liability in respect of the undelivered goods and claim compensation for actual loss and expense sustained. DYZ is also not liable or responsible for any losses or damages but we are committed to resolve the late delivery promptly and reasonably between you and the delivery partners, if necessary.
61. If the Purchaser fails to take delivery of the goods despite full and final payment has been made then without prejudice to any other right or remedy available to DYZ or the delivery partners, the Purchaser should aware that the delivery partners may dispose off or handle the goods in accordance with its standard operating procedure or management decision which DYZ is not liable or responsible for such losses or damages incurred by the Purchaser.
62. For the avoidance of doubt, the terms, circumstances or definitions on failure to take delivery of goods or services shall be determined by the delivery partners but not DYZ. The Purchaser is highly advised to and shall check, inspect or enquire with DYZ or the delivery partners on the terms in failing to take delivery before purchasing or procuring such products or services in DYZ.
63. DYZ does not accept or bear responsibility or liability on the passing of risks or ownership or proprietorship of the products that have been purchased or procured by the Purchaser regardless whether the Purchaser has made full and final payment or in the midst of delivery or acceptance of such delivery.
64. Whether the risks, ownership or proprietorship of the products or services purchased or procured in DYZ has been passed to the Purchaser or shall remain with the delivery partners despite full and final payment shall be determined or resolved mutually between the Purchaser and delivery partners.
65. The Purchaser shall indemnify DYZ against all losses damages, costs, expenses and legal fees incurred pertaining to the passing of risks or ownership or proprietorship of the products or services purchased or procured in DYZ.
Offers and/or Promotional Campaigns/Activities
66. Upon purchasing or procuring products or services via DYZ including any offers or promotional campaigns or activities, you may be asked to show your identity card or passport for verification purpose. You are at your responsibility to ensure the details furnished to DYZ are true and accurate failing which your entitlement on such offers or promotional campaigns or activities may be revoked or withdrawn.
67. DYZ makes no guarantees or probability on any representations or availabilities of offers or promotional campaigns or activities as under ordinary circumstances; it will come on a “First Come First Available” or “While Stock Lasts” basis.
68. DYZ reserves the right and liberty to change, remove or add the collaborating partners including but not limited to the offers and/or promotional campaigns or activities without further notice to you or liability to us.
Review, Comment and Feedback
69. Subject to the availability of such feature on the products or services, you may rate your online shopping experience on DYZ or write a review.
70. By posting your rating and/or review on DYZ, you agree to grants us an irrevocable, non-exclusive, perpetual, royalty free and transferable license to use, reproduce, advertise, publish, display, list, remove, translate or edit your review, comment and/or feedback for any purposes including for marketing and promoting DYZ in any formats including but not limited to website, social media, newspaper and others.
71. In doing so, you agree that no further consent is required and without the requirement of payment to you or any person claimed to represent you.
72. We would in our sole, absolute and irrevocable discretion to monitor, review or remove your rating or review if it is in our opinion that your review or rating has violated this Terms and Conditions and/or any other circumstances that DYZ thinks fit and just.
No Warranties & Remedies from DYZ
73. DYZ does not offer, furnish, guarantee and/or provide any forms of warranty or remedy whether it is implied by statute or common law or otherwise, unless there are specific statutes or legislations stipulate so.
74. DYZ shall be under no liability for the following measures and actions taken by the Purchaser or third parties and the consequences thereof: improper remedy of defects, alteration of the goods, addition and insertion of parts.
75. DYZ shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Purchaser or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, misuse or alteration or repair of the goods.
76. DYZ is not liable for any loss, damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out and the Purchaser shall indemnify DYZ against each loss, liability and cost arising out of such claims.
77. For the avoidance of doubt, the Purchaser shall resort any issues including but not limited to monetary claim, warranty period, state or condition of products or services and/or available remedy(ies) to the DYZ which DYZ will make its best effort to resolve such issues to the satisfaction of the Purchaser.
78. In the event DYZ has provided replacement goods or services or given the Purchaser a refund, the Purchaser has no right to further claim against DYZ for any losses or damages.
E. TERMS OF PAYMENT
79. You shall be entitled to make payment for the goods pursuant to the various payment methods set out in the Website. The Terms and Conditions applicable to each type of payment, as contained in the Website, shall be applicable to the agreement.
80. Credit Card payment option is available for all Purchasers. The Website accepts all Visa and Master Cards, both Credit and Debit, and is 3D Secure (Verified by Visa, and MasterCard Secure) enabled. All your credit card information is protected by means of industry- leading encryption standards.
81. The Website accepts all types of Visa and Master Card credit and debit cards where subject to bank availability. All credit and debit card numbers shall be protected by means of industry-leading encryption standards.
82. You must provide us with a current, valid and accepted payment method to use our services. By using our services, you agree to pay the price displayed or stipulated that you select and purchase or procure through such payment method. Despite that, this does not waive our right to seek further payment directly from you or through any other available methods should the payment method that you opt for fail.
83. You may edit your payment method information by changing it on “Payment” page. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, you remain responsible for any unpaid purchases and authorise us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing date.
84. We use third party payment service providers to facilitate your payment method. The terms of your payment will be based on your payment method and may be determined by agreement between you and your financial institution, credit/debit card issuer or other provider of your selected payment method.
85. We disclaim all liabilities associated with the security of the payment method. You shall be responsible to resolve any disputes with your financial institution, credit/debit card issuer or other provider of your selected Payment Method.
86. In the event there is any foreign currency being involved in the purchase or procurement of goods or services from the Website, the current rate on that particular day of transaction shall be the final rate to be accepted by all parties. DYZ shall not bear any financial losses or discrepancy arising from the changing or floating of foreign currency exchange rate.
87. DYZ will announce and/or notify the Website’s users from time to time on any changes on the available bank services or any other Payment Method.
88. For the avoidance of doubt, DYZ shall not be liable or responsible for any losses or damages arising from such cash on delivery arrangement at all material times, if any.
89. DYZ does not collect, retain and/or process your financial data or information arising from the purchase or procurement of goods or services from the Website but merely provides a third party payment gateway to you for completing such purchase of goods or services.
90. Purchases are not refundable and we will not refund or credit for any partially used or unused offers unless you provide credible evidence to us to prove that you have been wrongly billed or such other circumstances on a “case to case” basis as we may decide in our sole and absolute discretion.
F. INTELLECTUAL PROPERTY RIGHTS
91. All intellectual property rights, whether registered or unregistered, in the Website, information content on the Website and all the Website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Website also are protected by copyright as a collective work under Australian copyright laws and international conventions. All rights are reserved.
92. We grant you, subject to these Terms and Conditions, a non-exclusive, non-transferable, non-assignable, personal, limited license to access and use the Website for your own personal and non-commercial use. Such license is revocable at any time without notice to you or liability to us.
93. The terms “DYZ” is our trademarks, trade names and service marks. Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner.
94. All other trademarks, trade names, service marks, product names and logos contained herein that are not owned by, licensed to or controlled by us are used in an editorial fashion only, and to the benefit of respective owners, with no intention of trademark infringement.
G. APPLICABLE LAW AND JURISDICTION
95. These Terms and Conditions shall be interpreted and governed by the laws in force in Australia. Each party hereby agrees to submit to the jurisdiction of the courts of Government of Australia depending on the forum of the dispute.
96. DYZ and the users of the Website hereby expressly agree to waive any objections based upon venue or forum to resolve the dispute. The sole and only forum to adjudicate any disputes arising from these Terms and Conditions and/or transaction with DYZ would be within the jurisdiction of Australia.
97. In an event of a dispute with the delivery partners or any other partners (“the Partners”), we will help to our best extent, within the Terms and Conditions to mediate and resolve the dispute. We are not a party to any agreement, dealing or transaction entered into between you and the Partners, whether as a result, directly or indirectly, from using the Website and we disclaim any and all responsibilities and/or liabilities arising from such agreement between you and the Partners.
98. If a dispute arises between you and DYZ, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and DYZ agree that we will resolve any claim or controversy at law or equity that arises out of the Terms and Conditions or Website in agreement with this section or as you and we otherwise agree in writing.
99. Before resorting to any litigation proceeding including issuance of letter of demand and/or cease and desist, we firmly encourage you first to contact us directly to seek a resolution via e-mail at [your email]. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
100. We believe mediation would be the best alternative dispute resolution besides litigation which would inevitably time, effort and cost consuming.
H. PURCHASERS / USERS’ COVENANTS & OBLIGATIONS
101. The Purchasers are solely responsible for own internet connection/telecommunication charges incurred for accessing and connecting to the Website.
102. You may access and view the Website and may save an electronic copy or print out a copy of the materials from the Website which would be solely for your own personal and non-commercial use. All copies that you make must be in the form as presented on the Website and must include all applicable copyright and other notices on the Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or for any commercial use.
103. You must comply at all times with any instructions for use of the Website which we make from time to time.
104. You must keep your username and/or login password secure and:
not permit or refrain any other person to use your username and/or login password, including not disclosing or providing it to any other person; and
immediately notify us if you become aware of any unauthorised use or disclosure of your username and/or login password, by sending an email to [your email].
105. You must not and/or agree not to:
act in a way, or use or introduce anything (including any virus, worm, trojan horse, time bomb, keystroke logger, malware, spyware or other similar feature) that may compromise, damage, detrimentally interfere with, surreptitiously intercept or exploit any system, network, data or personal data stored on the Website;
use the Website in any manner that could damage, disable, overburden or impair any of our server, or the networks connected to our server, or interfere with any other party’s access and use of the Website;
attempt to gain unauthorised access to the Website, other user’s accounts, computer systems or networks connected to our server, through hacking, password mining or cracking or any other means or interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website;
obtain, or attempt to obtain, any information through any means not intentionally made available on or through the Website;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website;
license, sub-license, sell, re-sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website in any way for profitable purposes without prior written approval from DYZ;
modify or create a derivative work based on the materials on the Website, nor decompile, decipher, reverse-engineer or disassemble or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website in order to build a competitive product or service;
build a product using similar ideas, features, functions or graphics of the Website; or copy any ideas, features, functions or graphics of the Website;
link to, mirror or frame any portion of the Website;
cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website;
intentionally or unintentionally cause or attempt to cause physical or property damage or harm to any users or Partner;
permit third parties (including other users) to use any products or services purchased or procured under your own account;
provide user content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole and absolute discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove user content, in our sole and absolute discretion and at any time and for any reason, without notice to you or liability to us;
use the Website if you are under age of 18. You represent and warrant that you are at least 18 years of age. If you are under the age of 18 or the age of majority in your country, you may only use the Website under the company or supervision of a parent or legal guardian, under such person’s account and otherwise subject to these Terms and Conditions; and
create and/or register multiple user account with DYZ as every user is only entitled to create one account per person. Any user who creates multiple accounts with single identity or multiple identities shall be in violation of these Terms and Conditions and shall have his account suspended/terminated and shall not be allowed to have access to the Website upon suspension/termination. We reserve the right to review and investigate all allegations of fraudulent activities and to take any and all measures we deem necessary to ensure a fair sign up scheme is implemented accordingly.
106. You hereby agree to indemnify and hold us, our affiliates, and each of our and their respective directors, shareholders, employees, partners, agents, contractors, directors, suppliers, vendors and representatives harmless against all losses, damages, claims, liabilities, expenses or costs that arise from or in connection with:
your access and/or use of the Website;
your breach of any of these Terms and Conditions or any applicable law or regulation;
your dealing with the Partners, including your breach of any terms set by the Partners or the rights of any third party, including the Partners;
any other party’s access and/or use of the Website using your username and/or login password; and/or
any other party’s breach of any of these Terms and Conditions where such party was able to access and/or use the Website using your username
and/or login password.
107. Any rights relating to the use of the Website not expressly granted herein are reserved and no license or right is granted to you by implication, estoppel or otherwise.
I. FORCE MAJEURE CLAUSE
108. DYZ shall not be liable to the Purchaser or be deemed to be in breach of the Agreement by reason of any delay in performing or any failure to perform any of DYZ’s obligations if the delay or failure was due to any cause beyond DYZ's reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond DYZ’s reasonable control including but not limited to (whichever is applicable):
act of God, explosion, flood, tempest, fire or accident;
war or threat of war, sabotage, insurrection, civil disturbance or requisition;
acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
import or export regulations or embargoes;
interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of DYZ or of a third party);
interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery; and/or
power failure or breakdown in machinery.
109. Upon the happening of any one of the events set out aforesaid, DYZ may at its option and/or discretion provided always subject to the circumstances at that material time:
fully or partially suspend performance of the Website and/or its services while such event or circumstances continues;
terminate any agreement so affected with immediate effect by written notice to the Purchaser and DYZ shall not be liable for any loss or damage suffered by the Purchaser as a result thereof.
J. INSOLVENCY OF PURCHASER
110. This condition applies if:
the Purchaser makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation or being wound up by any reason whatsoever (otherwise than for the purposes of amalgamation or reconstruction); or
a receiver and/or liquidator takes possession or a receiver is appointed of any of the property or assets of the Purchaser; or
the Purchaser ceases, or threatens to cease to carry on business; or
DYZ reasonably apprehends that any of the events mentioned above is about to occur in relation to the Purchaser and notifies the Purchaser accordingly in writing.
111. If this condition applies then without prejudice to any other right or remedy available to DYZ, DYZ shall be entitled to cancel any agreement formed pursuant to the Website or suspend any further performance under the Agreement.
112. In furtherance to the above, DYZ will observe, adhere, obey and/or comply to any court order applied by any third party and made by any court of law within the jurisdiction of Australia in the midst of offering, providing and performing any services to the Purchaser provided that such court order has been duly served to DYZ in accordance to existing and valid legal procedures and/or statutes, regulations and/or sub-regulations.
113. Any notice required or permitted to be given by either party to the other under these Terms and Conditions shall be in writing addressed, if to DYZ, to its registered office or principal place of business and if to the Purchaser, to the address stipulated in the relevant offer to purchase.
114. If we need to contact you, we may do so by email or by posting a notice on the Website. Notice will be deemed given 24 hours after email is sent or notice is posted on the Website. You agree that this satisfies all legal requirements in relation to written communications.
L. LIABILITY & EXCLUSION CLAUSE
115. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
116. You expressly understand and agree that your use of or inability to use, the Website’s service is at your sole risk. 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. Without prejudice to the generality of the foregoing, we do not warrant:
the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Website;
that the services will be provided uninterrupted, secure or free from errors or inaccuracies, or that any identified error will be corrected;
that the Website or the services provided thereof are free from any computer virus or other malicious, destructive or corrupting code, agent or program;
and the security of any information transmitted by you or to you through the Website and you accept the risk that any information transmitted or received through the Website may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet. 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 providing prior notice to you. You also agree that any continued use of the Website will be deemed to constitute acceptance of the new Terms and Conditions as a fresh agreement.
117. DYZ shall not accept civil liability to the Purchaser for death or injury resulting from the Partner’s negligence including but not limited to its employees, contractors, sub-contractors, suppliers, vendors, agents and/or representatives.
118. For the avoidance of doubt, DYZ shall be under no liability or responsibility whatsoever where this arises from a reason beyond its reasonable control or from an act or default of the Purchaser.
119. In the event that any liability that cannot be excluded but can be limited provided always subject to such pronouncement by an order made by a competent court of law in Australia, DYZ’s liability shall not exceed USD100 or in its equivalent value currency.
120. In no event shall DYZ be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Purchaser as a result of an action brought by a third party including the Partners) even if such loss were reasonably foreseeable or DYZ had been advised of the possibility of the Purchaser incurring the same.
121. In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Website and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Website in whole or in part.
122. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Website shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Website or with any terms, conditions, rules, policies, guidelines in operating the Website, your sole and exclusive remedy is to discontinue using the Website;
123. On or at any time after the occurrence of any of the events stipulated below, DYZ may stop any goods in transit, suspend further deliveries to the Purchaser and exercise its rights to terminate the Agreement with the Purchaser with immediate effect by written notice to the Purchaser;
124. Pursuant to the above, the events would be:
the Purchaser being in breach of an obligation under the Agreement;
the Purchaser passing a resolution for its winding up or a court of competent jurisdiction in Australia and/or making an order for the Purchaser’s winding up or dissolution;
the making of an administration order in relation to the Purchaser or the appointment of a receiver or manager over or an liquidator taking possession of or selling any of the Purchaser’s assets;
the Purchaser making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction in Australia for protection from its creditors.
N. THIRD PARTY LINKS (including hyperlinks)
125. Any links provided on the Website are provided for your convenience and/or usage only. Should you leave the Website via such a link, the content that you view in such linked web page or website owned or operated by third parties is not provided or controlled by DYZ.
126. We have not developed or reviewed, and are not responsible for the consequences of your accessing the linked web page or website, and/or the content at those web pages or websites. We make no guarantee, representation or warranty as to, and have no liability for, any content at those websites, including, but not limited to, guarantees, representations and warranties regarding truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, non-infringement, suitability, satisfactory quality, merchantability or fitness for any particular purpose or any representations, warranties or guarantees arising from usage, custom or trade or by operation of law.
127. Any such link to other linked web pages or websites on the Website does not constitute an endorsement, authorisation, verification or representation that we are affiliated with the operators or owners of those linked websites, or the contents.
128. You agree that your access to and/or use of such linked web pages or websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.
O. BOILER PLATE CLAUSES
129. No waiver by DYZ of any breach of the agreement by the Purchaser shall be considered as a waiver of any subsequent breach of the same or any other provision.
130. For us to waive a right under these Terms and Conditions, the waiver must be in writing.
131. If any provision of these Terms and Conditions is held by any competent authority or court of law to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
132. These Terms and Conditions set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms and Conditions. The parties have not relied on any representation, warranty, guarantee or agreement relating to the Website that is not expressly set out in these Terms and Conditions, and no such representation, warranty, guarantee or agreement has any effect from the date you agreed to these Terms and Conditions.
133. If there is any additional work, performance, conduct or assistance required to be rendered by DYZ to the Purchaser despite such responsibilities or liabilities are lie with the Partners, DYZ would be very happy to provide such assistance with a minimum fees or costs. Please contact DYZ should you require such additional assistance.
134. No person who is not a party to this Agreement (including any employee, officer, agent, representative or contractor of either party) shall have any right to enforce any terms of this Agreement which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties.
135. DYZ shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information by means of injunctive or other equitable relief.
136. When using the Website, you will be subject to any additional guidelines or rules applicable to specific products, services or features which may be posted from time to time which is specifically known as Frequent Answers and Questions (“FAQs”) although such products or services are made available, advertised and/or marketed by our Partner. All such FAQs are hereby incorporated by reference into these Terms and Conditions. In the event of any inconsistencies or discrepancies between these Terms and Conditions and the FAQs, these Terms and Conditions shall prevail.
137. DYZ reserves their right to these Terms and Conditions at any time without further or prior notice in writing to all users of the Website.
Our Terms of Disclaimer
1. The information contained in this Website has been prepared solely for the purpose of providing information about DYZ, its group of entities and the services that we offer. By accessing this Website you agree that DYZ will not be liable for any direct, indirect or consequential loss arising from the use of the information and material contained in this Website or from your access of other material on the internet via html links from this Website. The above exclusions and limitations apply only to the extent permitted by law, statutes, regulations, sub-regulations and/or any governmental guidelines.
2. While we endeavour to ensure that the information and materials on the Website are correct, no representation, warranty or guarantee, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. The information and materials on the Website are provided to you for information purposes only and on an “as is how is” and “as available” basis without representations, warranties or guarantees of any kind either express or implied by virtue of statute or legislation.
3. Whilst we also endeavour to make the Website available 24 hours a day, we shall not be liable if for any reason the Website is unavailable for any time or for any period. We make no representation, warranty or guarantee that your access to the Website will be uninterrupted, timely or error-free. Due to the nature of the internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
4. To the extent permitted by law, we hereby disclaim all warranties, express or implied, statutory or otherwise, in respect of the Website and we have no liability or responsibility to you or any other person for any direct, indirect, economic, exemplary, incidental or consequential loss (including loss of profit and loss of data), damage, claim, liability, expense or cost, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, arising out of or in connection with:
the Website being unavailable (in whole or in part), interrupted or performing slowly;
any error in, or omission from, any information made available through the Website;
any other party’s access and/or use of the Website using your username and/or login password;
any exposure to malicious software including but not limited to, viruses, computer worms, trojan horses, spyware, malware or other harmful forms of interference which may damage your computer system, mobile device, software, data or other property or expose you to fraud when you access
or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and/or
any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
5. We make no representation, warranty or guarantee:
that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws;
that the Website will be compatible with all hardware, software and operating system which you may use;
about the accuracy, reliability, suitability, completeness or timeliness of the Website or of any information from the Partner, such as class times, locations and descriptions; and/or
about the quality, suitability, safety or ability of the Partners’ services.
6. We are not responsible nor liable for any direct, indirect, economic, exemplary, incidental or consequential loss (including loss of profit and loss of data), damage, cost or expense, whether in contract, tort (including negligence, injuries or other health or medical problems), that you may suffer or incur as a result of or in connection with the acts, omissions and/or negligence of any partner who provides the products and/or services via DYZ to you.
7. The copyright in the material contained in this Website and any DYZ’s trademarks and brands included in that material belongs to DYZ or its licensors, if any. Any person may copy any part of this material from this website, subject to the following conditions:
the material may be used only for that person’s own personal use for non-commercial purposes;
the copies must retain any copyright or other intellectual property notices contained in the original material;
and the goods, services or processes described in this Website may be the subject of other intellectual property rights reserved by DYZ or by other authorised or licensed third parties; and
no licence is granted in respect of those intellectual property rights. Images, trademarks and brands displayed on this Website are protected by copyright, trade mark and other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owner(s).