Conditions of Use

Conditions of Use

Please read these conditions carefully before using Amazon Services. By using Amazon Services, you agree on behalf of yourself and all members of your household and others who use any Amazon Service under your Amazon Account, to be bound by these conditions. We offer a wide range of Amazon Services, and sometimes additional terms may apply. When you use an Amazon Service (for example Amazon applications for mobile, the Kindle Store, Audible, Alexa, Prime and Prime Video), you will also be subject to the terms and conditions and policies applicable to that Amazon Service (“Service Terms”). Our help pages contain other important information relating to your use of the Amazon Services. If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

1. PRIVACY

Please review our Privacy Notice and Interest-Based Ads Notice to understand how we collect and process your personal information through Amazon Services.

2. ELECTRONIC COMMUNICATIONS

When you use any Amazon Service or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other Amazon Services, such as our Message Centre. You consent to receive communications from us electronically and agree that communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. COPYRIGHT AND OTHER RIGHTS

All content included in or made available through any Amazon Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Amazon or its content suppliers and is protected by Australian and international copyright and authors’ rights laws and (where applicable) database right laws.

Other than to the extent necessary to use any Amazon Service for its permitted purpose and in accordance with these Conditions of Use and the applicable Service Terms, you may not copy, extract and/or re-utilise any content of any Amazon Service without our express written consent, including, without limitation, any product listings, descriptions, prices and account information. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of any Amazon Service or its content, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Amazon Service or its content without our express written consent.

4. TRADEMARKS 

Click here to see a non-exhaustive list of Amazon trademarks. Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Amazon Service are trademarks or trade dress of Amazon. Amazon’s trademarks and trade dress may not be used in connection with any product or service that is not Amazon’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Amazon. All other trademarks not owned by Amazon that appear in any Amazon Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Amazon. You may not frame or use framing techniques to enclose any trademark or logo (including images and text) of Amazon without our express written consent. You may not use any meta tags or any other “hidden text” utilising Amazon’s names or trademarks without our express written consent.

5. RIGHTS OF ACCESS AND USE

Amazon or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and make personal and non-commercial use of the Amazon Services. The right granted to you does not include any license or permission to use the Amazon Service or any part thereof for the benefit of any third party, or to resell or make any commercial or derivative use of any Amazon Service or any part thereof.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Amazon or its licensors, suppliers, publishers, rights holders, or other content providers.

You may not misuse the Amazon Services. You may use the Amazon Services only as permitted by the relevant Service Terms and in accordance with law. Without limiting any other rights we have at law and under these Conditions of Use or the relevant Service Terms, the access and use rights granted by Amazon under these Conditions of Use terminate if you do not comply with this Section 5.

6. YOUR AMAZON ACCOUNT 

For the purposes of these Conditions of Use, your Amazon Account means the account you use to access and/or use the Amazon Australia Store or any Amazon Service.

You may need your own Amazon Account to use certain Amazon Services, and you may be required to be logged into your Amazon Account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your Amazon Account. Click here to manage your payment options or otherwise follow the process outlined in the applicable Service Terms. 

You are responsible for maintaining the confidentiality of your Amazon Account and password. Except to the extent caused by our breach of these Conditions of Use, you are responsible for all activities that occur under your Amazon Account regardless of whether the activities are authorised by you or undertaken by you, and we are not responsible for unauthorised access to or use of your password or Amazon Account. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorised manner. You must ensure that the details you provide to us are correct and complete, and inform us of any changes. You can access and update certain information you have provided to us, and your account settings, in the Your Account area of the website or as outlined in the applicable Service Terms.

You may not use any Amazon Service: (i) in any way that causes, or is likely to cause, any Amazon Service, or any access to it to be interrupted, damaged or impaired in any way; (ii) in any way that may interfere with or harm any other user of an Amazon Service; (iii) for fraudulent purposes, or in connection with a criminal or other unlawful activity; or (iv) in any manner that is not permitted under these Conditions of Use and the relevant Service Terms.

If we have concerns with your Amazon Account, or activity relating to your Amazon Account, or if you are in breach of applicable laws, these Conditions of Use, or the relevant Service Terms, we reserve the right to take action, including without limitation by (i) restricting, suspending, terminating or refusing any Amazon Service; (ii) suspending or restricting access to your Amazon Account; (iii) terminating your Amazon Account; or (iv) removing or editing content you post using your Amazon Account. The action we elect to take and any notice you may receive, and any opportunity to rectify will vary depending on the Amazon Service, the circumstances and our reasonable assessment of relevant factors. Any action taken in accordance with (i)-(iv) above may, result in suspension or termination of other Amazon Services. At any time, you may, in accordance with the applicable Service Terms and using the tools and settings we make available to you for each Amazon Service, cease using any Amazon Service, terminate your account or the Amazon Service, or remove or edit certain content and material you post (each as permitted by that Amazon Service). 

7. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT 

You may post reviews, comments and other content; send communications; and submit suggestions, ideas, questions or other material, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You must not post or send any content that contains software viruses, or that comprises political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any such content or communication. We reserve the right (but not the obligation) to remove or edit such content. 

If you post content or submit material, and unless we indicate otherwise, you grant: (a) Amazon a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Amazon, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose. 

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, as applicable, you: (i) consent to any infringement of; and (ii) agree to waive, any right you have to be identified as the author of such content and any right you have to object to derogatory treatment of such content. You agree to cooperate and assist Amazon to perfect any of the above rights granted by you to Amazon, at our request.

You are responsible for your content and you represent and warrant that you own or otherwise control all of the rights to the content and material that you post and that, as at the date that the content or material is posted it: (i) is accurate; (ii) complies with these Conditions of Use and any applicable Service Terms and; (iii) does not breach any applicable laws. 

You agree to indemnify Amazon for all claims brought by a third party against Amazon arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to remove the content or material when we receive from a relevant party a valid Notice Form as described in these conditions relating to the content or material.

8. INTELLECTUAL PROPERTY CLAIMS

Amazon respects the intellectual property of others. If you believe that an item or information on any Amazon Service infringes your intellectual property rights, please follow our Notice and Procedure for Making Claims of Right Infringements. 

9. SANCTIONS AND EXPORT POLICY

You may not use any Amazon Service if you are the subject of U.S. sanctions or of  sanctions consistent with U.S. law imposed by the governments of the country where you are using Amazon Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services. 

10. AMAZON SOFTWARE TERMS

In addition to these Conditions of Use, the terms found here (“Software Terms”) apply to any software (and any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Amazon Services (the “Amazon Software”).

11. OTHER BUSINESSES

Parties other than Amazon operate stores, provide services, or sell products on this  website and we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or accept any responsibility or liability for the actions or offerings of, any other party or the content of their websites. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.

12. AMAZON’S ROLE

Amazon allows third party sellers to list and sell their products on the Amazon Australia Store. The relevant seller is indicated on the respective product detail page. While Amazon helps facilitate transactions that are carried out on the Amazon Australia Store, Amazon is neither the buyer nor the seller of the seller’s items. Amazon provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third-party products is solely between the buyer and seller. Amazon is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller’s agent (except for the limited purpose of acting as the seller’s payments collection agent). The buyer satisfies their obligations to the seller when Amazon receives sale proceeds. The seller is responsible for the sale of their products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller. Because Amazon wants the buyer to have a safer buying experience, Amazon provides to the buyer the Amazon A-to-z Guarantee in addition to any contractual or other rights or remedies that the buyer may have against the seller or any other party.

13. DISCLAIMER AND LIABILITY 

Unless otherwise specified in these Conditions of Use or Amazon Service Terms, Amazon disclaims, and does not make, any representation or warranty of any kind in respect of the Amazon Services including without limitation any representation or warranty: (i) that they are free of viruses or other harmful components; (ii) that your use of the Amazon Services will be uninterrupted or error-free; or (iii) as to the suitability or availability of the Amazon Services.

Amazon will not be responsible for: (i) losses arising from the unavailability of, or your inability to use any Amazon Services, (ii) losses that are not directly caused by any breach on our part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses including but not limited to losses arising out of the cost of replacement, or recovery or recoupment of any investment made by you in connection with these Conditions of Use or any Amazon Service, even if Amazon has been advised of the possibility of such costs or damages; and (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. For any other loss relating to an Amazon Services, we limit our liability to the amount you have paid to us for the relevant Amazon Service. 

Nothing in these Conditions of Use or the applicable Service Terms is intended to: (i) override any express commitments Amazon gives to you for particular Amazon Services (for example, commitments Amazon gives to provide a refund of fees in certain circumstances); (ii) exclude, restrict or modify any right or remedy you have in statute including under the Australian Consumer Law or otherwise to the extent that that right or remedy cannot be excluded, restricted or modified under law; (iii) limit or exclude our liability to you for losses, to the extent such loss is caused by our gross negligence or criminal conduct; or (iv) require any indemnity you provide to us under these Conditions of Use or any applicable Service Terms to extend to losses to the extent caused by our gross negligence or criminal conduct. Any disclaimer, exclusion, or limitation in these conditions applies as provided for in these conditions to the full extent permitted by law and subject to any such non-excludable right or remedy.

14. APPLICABLE LAW

The laws of New South Wales govern these Conditions of Use and any dispute of any sort that might arise between the parties. Any dispute relating in any way to these Conditions of Use will only be adjudicated in the courts of New South Wales. Each party consents to the exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party’s, its affiliates' or any third party’s intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to these Conditions of Use. If you would like to bring a matter to our attention, please contact us.

15. AMAZON SERVICES 

We reserve the right to cease providing any Amazon Service, or any part thereof, to discontinue any Amazon Service and to make changes to any Amazon Services, including adding or removing content from Amazon Services at any time. Where we make a materially adverse change to an Amazon Service, as reasonably determined by us, we will provide advance notice to you. Your access to Amazon Services may be suspended or restricted without notice in accordance with these Conditions of Use and the applicable Service Terms, including, without limitation, for legal, regulatory, fraud and abuse prevention or security reasons and as reasonably necessary for our business operations, including without limitation to allow for repairs, maintenance or the introduction of new features or services. 

16. AMENDMENTS 

We reserve the right to make changes to any Conditions of Use and Service Terms at any time by posting the changes on Amazon.com.au, or such other website or application that is used to provide the Amazon Services. Where we make a materially adverse change to these Conditions of Use or any applicable Service Terms, as reasonably determined by us, Amazon will provide advance notice to you. 

You will be subject to the Conditions of Use and Service Terms made available on the relevant website or application at the time that you use the Amazon Services. You may at any time, cease using any Amazon Services, terminate your Amazon Account or the relevant Amazon Service (in accordance with Section 6) including in the event of any such change.

17. SEVERABILITY 

If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

18. WAIVER 

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

19. CHILDREN 

We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18 you may use the Amazon Services only with the involvement of a parent or guardian.

20. OUR CONTACT DETAILS 

For general inquiries: Contact us

Address for service of notices for Amazon Commercial Services Pty Ltd:

Legal Department

Amazon Commercial Services Pty Ltd 

Level 37, 2 Park Street

Sydney NSW 2000

Contact information relating to other Amazon Services or the Affiliate that provides the Service may differ and can be found in the relevant Service Terms.

21. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHTS INFRINGEMENTS 

If you believe that your rights are being infringed, you may fill out and submit the Notice Form. We respond expeditiously to rights owners and their agents who complete and submit the Notice Form to communicate concerns about any alleged infringement.

Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to Amazon the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Amazon for all claims brought by a third party against Amazon arising out of or in connection with the submission of a Notice Form.

Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on the Amazon Australia Store and are posted solely at the direction of Third Party Sellers who may be contacted via their Seller Information page, accessible from any of their listings.

ASIN and ISBN-10, Defined: “ASIN” stands for Amazon Standard Item (or Identification) Number and is a ten (10) character identifier. It can be found below any listing under Product Details. “ISBN-10” stands for International Standard Book Number and is a ten (10) digit identifier that can be found on some book listings under Product Details.

Important Warning: giving false, misleading or inaccurate information in the Notice Form to Amazon may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.

22. ONLINE SAFETY

You can report concerns with products for sale on the Amazon Australia Store, including content that may violate Australian law by using the “report a product” tool available on the product detail page for each listing on the Amazon Australia Store. By using Amazon Community features, you agree to Amazon’s Community Guidelines. To learn more about how you can stay safe online, click here.