Terms and Conditions
The website located at cosyall.com (the “Website”) is operated by CosyAll. Throughout these Terms (as defined below), the terms “we”, “us” and “our” refer to CosyAll. CosyAll offers this website, including all the text, data, software, information, graphics, tools, photographs and more (“Materials”) as well as making available goods for purchase (“Products”) and all other services available from this Website to you, the user (collectively, the “Services”), conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting our Website and/or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced and incorporated herein and/or available by hyperlink. These Terms of Service apply to all users of the Website.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. If you object to any such modifications, your sole recourse shall be to cease using this Website. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
By using this Website, you represent that you are at least 13 years of age. If you are not yet the age of majority in your jurisdiction of residence, you must have the permission of an adult to use this Website, and that adult must be a parent or legal guardian who is willing to be responsible for your use of this Website.
We invite you to use this Website for individual, consumer purposes ("Permitted Purposes").
In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials; your right to use the Materials is conditioned on your compliance with these Terms. You have no other rights in this Website or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any manner. If you make copies of any of this Website while engaging in Permitted Purposes, then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on this Website.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES (IF APPLICABLE)
Some products or services may only be available online through the website. These products or services may have limited quantities and can be returned or exchanged only as per our return policy or as required by law.
We have tried our best to display the colors and images of our products as accurately as possible on the website. However, we cannot guarantee that the display of any color on your computer monitor will be accurate.
We reserve the right to limit sales of our products or services to any person, geographic region, or jurisdiction, as per our discretion. We may exercise this right on a case-by-case basis. We may also limit the quantities of any products or services that we offer. The descriptions of products or their pricing are subject to change anytime without notice, as per our sole discretion. We are not responsible for typographical errors regarding price or any other matter. We reserve the right to refuse or cancel any orders placed on such basis. We may also discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations. We also do not guarantee that any errors in the service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order that you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In case we make a change to or cancel an order, we may try to notify you by contacting the e-mail and/or billing address/phone number provided at the time of placing the order. We reserve the right to limit or prohibit orders that, as per our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to update your account and other information, including your email address and credit card numbers and expiration dates, promptly, so that we can complete your transactions and contact you as needed.
For more information, please review our returns policy.
Some content, products, and services available through our website may include materials from third parties.
Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these websites, and we do not warrant or have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Before engaging in any transaction, please carefully review the third-party's policies and practices and make sure you understand them. If you have any complaints, claims, concerns, or questions regarding third-party products, please contact the third party.
You are solely responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds, and other content or material that you submit, upload, post, or otherwise make available on or through the Cosyall website (each a “Submission”) and the services available in connection with this website. You may not upload, post, or otherwise make available on this website any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark, or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability, and appropriateness.
You agree to pay for all royalties, fees, damages, and any other monies owing to any person by reason of any Submissions posted by you to or through the Cosyall website.
When you provide Submissions, you agree that those Submissions shall not violate the "Unauthorized Activities" paragraph below. Those prohibitions do not require Cosyall to monitor, police, or remove any Submissions or other information submitted by you or any other user.
As legal advisors for Cosyall, we recommend the following modifications to the English version of the website's terms and conditions:
When using the Cosyall website and/or its services, you agree not to engage in the following activities:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission of the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of solicitation.
- Use any robot, spider, scraper, or other automated means to access the site.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions or comments posted by others on this site.
- Post anything contrary to our public image, goodwill or reputation.
This list of prohibitions provides examples and is not complete or exclusive. We reserve the right to (a) terminate access to your account, your ability to post to this website (or use the services) and (b) refuse, delete, or remove any submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to this website or to any other user of this website and/or services. We may report to law enforcement authorities any actions that may be illegal and any reports it receives of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this website or on the internet.
Unauthorized use of any materials contained on this website may violate certain laws and regulations.
You agree to indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) we or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this website or the use of this website by any person using your username and/or password (including without limitation, your participation in the posting areas or your submissions) violates any applicable law or regulation or the copyrights, trademark rights, or other rights of any third-party.
“Cosyall" is our trademark in Australia and in other countries. Other trademarks, names, and logos on this website are the property of their respective owners.
Unless otherwise specified in these terms, all information and screens appearing on this website, including documents, services, site design, text, graphics, logos, images, and icons, as well as the arrangement thereof, are the sole property of Cosyall, Copyright © 2023. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
INTELLECTUAL PROPERTY INFRINGEMENT
At Cosyall, we value and respect the intellectual property rights of others and expect our users to do the same. Therefore, we have a policy in place to remove any content that violates the intellectual property rights of others. We may also suspend the access of any user who uses this website in violation of someone's intellectual property rights, and/or terminate the account of any user who uses this website in violation of someone's intellectual property rights.
In compliance with Title 17 of the United States Code, Section 512, we have established procedures for receiving and processing written notifications of claimed copyright infringement. If you believe that your copyright or other intellectual property right has been infringed by a user of our website, please provide a written notice to our designated agent ("Agent") for notice of claims of infringement:
Attn: Copyright Agent
63 Dooring St, Dickson,ACT
To ensure that we can address your concerns as soon as possible, your written notice must include the following information:
- Your physical or electronic signature
- Identification of the copyrighted work or other intellectual property alleged to have been infringed
- The date and time of the alleged infringement
- A description of your interest or rights with respect to the work(s) claimed to have been infringed
- Identification of the allegedly infringing material in a manner that enables us to locate the material
- Location data for the electronic location to which the alleged infringement relates
- Adequate information by which we can contact you (including postal address, telephone number, and email address)
- A statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent, or the law
- A statement that the information in the written notice is accurate
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner
Please note that if the notice does not pertain to copyright or other intellectual property infringement, our Agent will be unable to address the listed concern.
Termination of Repeat Infringers
In our sole discretion, we reserve the right to terminate the account or access of any user of our website or service who is the subject of repeated DMCA or other infringement notifications.
DISCLAIMER OF WARRANTIES
Your use of the website, services, and purchase of products from Cosyall.com is at your own risk. The materials on this website have not been verified or authenticated in whole or in part by Cosyall, and may include inaccuracies or typographical or other errors. Cosyall does not warrant the accuracy, timeliness, or completeness of the materials contained on this website. Cosyall shall not be liable for any errors or omissions in the materials, whether provided by Cosyall, licensors or suppliers, or other users.
COSYALL AND ITS LICENSORS MAKE NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, THE PRODUCTS, AND MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. COSYALL DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE, OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, In no case shall Cosyall, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, lost profits, lost revenue, special, or consequential damages of any kind, including, without limitation lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Website, any of the services or any products procured using the service, or for any other claim related in any way to your use of the website, services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.
Please read this provision carefully as it affects your legal rights.
This provision aims to facilitate the quick and efficient resolution of any dispute (such as a claim or controversy) between you and Cosyall. The dispute may be based on a contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. This includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us. In effect, the term "dispute" has the broadest meaning enforceable by law, and it also includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers, or third-party vendors) whenever you also assert claims against us in the same proceeding.
This Provision stipulates that, except where prohibited by applicable law, all disputes between you and Cosyall shall be resolved by binding arbitration. By accepting these Terms, you waive your right to litigation claims and all opportunity to be heard by a judge or jury. Cosyall prefers arbitration because we believe it is less dramatic than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees). However, you may opt-out of this Provision, which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).
EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute which is first done by emailing us at email@example.com. The following information: (1)Your name, (2) Your address, (3) A written description of your Claim, and (4) A description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, then you may pursue your Dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below or where arbitration is prohibited by law.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or we may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing us at firstname.lastname@example.org the following information: (1) Your name; (2) Your address; (3) A clear statement that you do not wish to resolve disputes with us through arbitration. Either way, we will not take any decision you make personally. In fact, we promise that your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with us. But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.
If this provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution), either you or we may initiate arbitration proceedings. The arbitration will be conducted in accordance with the arbitration laws and procedures of Australia. The arbitration shall be commenced as an individual arbitration only and shall not be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this provision.
The arbitration will be conducted before a single arbitrator appointed in accordance with the arbitration laws of Australia. The fees and costs of the arbitration will be determined by the arbitrator, in accordance with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration.
Because this Website and these Terms concern interstate commerce, the applicable arbitration law in Australia will be governed by the Federal Arbitration Act. However, the arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act and the applicable statute of limitations or condition precedent to the suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the Federal Arbitration Act or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or we may initiate arbitration in accordance with the arbitration laws of Australia.
Payment of Arbitration Fees and Costs – The parties shall bear their own respective costs and expenses incurred in connection with the arbitration. However, in the event that you demonstrate that the cost of arbitration is prohibitive as compared to the cost of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and we specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of this Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by accepting this Provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court (except where applicable legislation prohibits such a waiver). In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g.,, the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
If this Provision as a whole is not enforceable for any reason, then, except where prohibited by law , you agree that exclusive jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to any Dispute will be decided by a court in Australia.
This Provision shall survive the termination of your account with us or our affiliates and your discontinued use of this Website. Notwithstanding any provision in these Terms to the contrary, We agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the present language in this Provision if a dispute between us arises.
You agree to indemnify, defend and hold harmless Cosyall and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision shall still be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service shall remain effective until terminated by either you or Cosyall. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our website.
If Cosyall determines, in its sole discretion, that you have failed to comply with any term or provision of these Terms of Service, or if Cosyall suspects that you have failed to comply with these Terms of Service, Cosyall may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Cosyall may also deny you access to our website or services (or any part thereof).
The failure of Cosyall to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, along with any policies or operating rules posted by Cosyall on this website or in respect to the website, products, and services, constitute the entire agreement and understanding between you and Cosyall, governing your use of the website services. These Terms of Service supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Cosyall (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against Cosyall.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Website will be heard in the courts located in or for the state of Australian Capital Territory, Australia. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms or any purchase made through the Website.
Questions about the Terms of Service should be sent to us at email@example.com.